MBE Theft and Property Crimes Flashcards
Larceny: TTCPAICP (thieves took carmen’s purse and isaac’s portfolio)
- trespassory (wrongful or unlawful)
- taking and
- carrying away (asportation)
- personal property
- of another (owner can be guilty if someone else had lawful custody at the time), with the
- Intent to
- permanently retain the property
When is taking under a claim of right larceny?
Never, even if D erroneously believes the property is his.
type of intent for larceny?
specific intent
continuing trespass and larceny: even if you didn’t intend to steal at time of taking…
even if you didn’t intend to steal at time of taking, if you later decide you’ll keep it, then you’re guilty of larceny.
Def of embezzlement?
Conversion of the personal prop of another by a person ALREADY IN LAWFUL POSSESSION of that property, with the intent to defraud.
mental state for embezzlement?
specific intent (to defraud)
Diff b/t larceny and embezzlement?
D must have lawful possession before embezzlement. D must have discretion over the property.
Bank guard takes $10K from vault, larceny or embezzlement? Why?
Larceny b/c he doesn’t have lawful possession and discretion over the property.
Def of false pretenses?
obtaining title to personal prop of another by intentional false statement, with intent to defraud
Diff b/t false pretenses and larceny?
in larceny, D gets custody. In false pretenses, D gets title, meaning ownership.
for false pretenses, the false statement can pertain to a future event?
NO! only present or past events.
Diff b/t larceny by trick and false pretenses?
D obtains ONLY CUSTODY, not title as a result of false statement, then it is LARCENY BY TRICK.
Robbery is larceny + 2 elements
- larceny
- from another’s person or presence
- by force or threat of immediate injury
mental state for robbery?
specific intent
what is enough force for robbery?
enough to overcome RESISTANCE OF VICTIM
is snatching wallet from hand robbery?
yes
is pick pocketing robbery?
no, that’s larceny b/c you don’t need force to overcome victim’s resistance
is threat of future injury sufficient for robbery?
no, threat of future harm is EXTORTION
threat of injury for purposes of robbery must be temporally _____?
immediate. e.g., “i’ll break your legs” and NOT “i’ll break your legs next week.”
def of forgery?
making or altering a writing so it’s false, with the intent to defraud
i write myself in a check in your name, sign your name, and cash it at the bank. what crimes have i committed and when?
at time of writing check, i committed FORGERY (whether i go to the bank later or not). when i cash it, i’ve committed the crime of FALSE PRETENSES.
possession (embezzlement) v. custody (larceny)?
possession reqs authority/discretion. Low level employees commit larceny. High level guys commit embezzlement.
can you commit larceny of lost property?
yes, but not abandoned property.
Extortion def
Obtaining property by means of threat to do harm or to expose information in the future.
5 elements of receipt of stolen property
- Receiving possession and control
- Of “stolen” personal property
- Known to have been obtained criminally
- By another person
- Up with the intent to permanently deprive
If the police recover the property and with the owner’s permission deliver it to the person who’s supposed to “receive the stolen property”, is that person guilty of receipt of stolen property?
No, you can only be a guilty of receipt of stolen property if it is stolen AT THE TIME THE DEFENDANT RECEIVES IT.
What are the 3 elements of malicious mischief?
- Malicious (not ill will or hatred, merely intended destruction or damage)
- Destruction or damage of
- Another’s property
What is the common law definition of burglary?
Breaking and entering the dwelling of another at night with the intent to commit a felony inside
Breaking requires creating or enlarging what and by what margin?
Breaking requires creating or enlarging an OPENING by at least MINIMAL FORCE.
Does breaking include climbing through an already open window?
No, that’s not a breaking
Is gaining entry to a dwelling by fraud a breaking? If so which type?
It is CONSTRUCTIVE breaking, e.g., telling someone you’ll clean their house and then stealing their stuff.
Can you burglarize your own house?
No. It must be the dwelling of another.
Is the intent to commit a felony inside (a component of burglary) required to be a particular felony?
No. It can be to steal, rob, rape, assault, kill, etc.
What intent is required for burglary
Specific intent
If a homeless person in winter breaks into your home to get warm, and upon leaving the sees and decides to steal your laptop, has he committed burglary? Why or why not?
No, he is not quite a burglary because he lacked the intent to commit a felony WHEN HE ENTERED the residence. Therefore, he is only guilty of larceny.
Definition of arson?
Mental state for arson?
- The malicious burning of the building
2. Malice, this is a malice crime, which requires only recklessness
Is burning the furniture or scorching or charring a building enough to constitute arson?
No, it requires the BURNING of the fiber of the BUILDING.
What is the minimum level of burning to constitute arson? Scorching?
Charring is the minimum level. Scorching is not enough.
3 types of contraband are tested on the bar exam
- Drugs
- Possession of stolen property
- A weapon
Define possession
- having an item for long enough to terminate possession
- “constructive possession” if it is close enough for the defendant to exercise control and dominion over the item (e.g., drugs in your hotel closet)
Mental state required for possessory offenses?
- Knowledge of the character of the item
2. Knowledge of the possession
