Offenses against property

Question 1

Larceny

Answer 1

The

1. Trespassory
2. Taking
3. and carrying away
4. of the personal property
5. of another
6. with intent to permanently deprive (steal)

Cases
Commonwealth v. Tluchak (PA 1950) - Cannot be larceny without lawful possession (sale of home ≠ incl chattels)
King v. Pear (Eng. 1779) - Must be intent at time of taking (borrowing horse in this case)
Topolewski v. State (Wisc. 1906) - Cannot be larceny w/o trespass (entrapped by owner to steal barrel)

Question 2

Larceny by trick

Answer 2

1. Intentional misrepresentation of a
2. Material present or past fact which
3. Causes the person to whom it is made to pass
4. Possession to his property
5. Possession obtained of
6. Another’s property by
7. Misrepresentation

Additional requirement of CONVERSION (as compared to CL larceny) - deprive its owner of a substantial part of its value (e.g. Obtains possession of car stereo falsely by telling owner he will return it tomorrow; If returned tomorrow, no LBT, even if there was intent. However, if 6 months were to pass, a substantial part of its value would have been deprived from the owner)

Possession must be wrongful, and will be so if obtained by fraud or deceit. Note that it is not a separate crime (CL), just a way larceny may be committed.

Also distinguished from FALSE PRETENSES, where one obtains TITLE to property, as opposed to mere possession

Question 3

Embezzlement

Answer 3

1. Fraudulent
2. Conversion of the
3. Property of
4. Another by
5. One who is already in lawful possession of it with
6. Intent to permanently deprive

• Cannot be larceny AND embezzlement, must be one or the other
• Must be conversion - deprive the owner of a significant part of its usefulness
• Real estate CAN be embezzled, but not subject to larceny

Question 4

False pretenses

Answer 4

1. Intentional misrepresentation of a
2. Material present or past fact which
3. Causes the person to whom it is made to pass
4. Title to his property

Question 5

Robbery

Answer 5

1. Taking and
2. Carrying away of the
3. Personal property of another from
4. Presence or Person by
5. Force or threat of force

Question 6

CL Burglary

Answer 6

1. Breaking
2. Entry
3. Dwelling of another at
4. Nighttime with
5. Intent to commit a felony therein

Question 7

CL Arson

Answer 7

1. Malicious
2. Burning of
3. Dwelling of another

Question 8

CL receipt of stolen property elements

Answer 8

1. Receipt of stolen property
2. Knowledge it was stolen (by another)
3. Intent to permanently deprive