Offenses against Property and Habitation

Question 1

larceny

Answer 1

CLAW larceny rquires a wrongful taking, a carrying away of property of another by trespass with intent to permanently deprive

1. slightest movement is enough
2. intent to deprive the owner permanently must exist at the time of the taking. if the person takes property not intending to steal it bu tlater decides to keep the proeprty, she can be guilty of larceny
3. taking property in the belief that it is yours is not CLAW larceny

Question 2

embezzlement

Answer 2

rule - fraudulent conversion of property of another

notes

1. embezzler has lawful possession followed by illega l conversion
2. trustee
3. don’t have to carry away to be embezzler just lawful poossesion
4. embezzler doesn’t have to get the benefit

Question 3

false pretenses

Answer 3

Rule - D persuades the onwer of property to convey title by false pretense

1. coneyance of title is teh enter
2. false pretense could be as to present o rpast fact.
3. false promise to do something in the future cannot ground liability for false pretenses

larceny by trick - if only possesion fo teh property is obtained, the offense is larceny by trick

false pretenses - title

Question 4

false pretenses

Answer 4

Rule - the taking o personal propertyof another from teh other person’s presence by FORCE or THREAT w’ the intent to permanentely deprive him of it

1. presence - very broadly drawn - could even be someone tied up someonwere else
2. taking eithe by force or threat - things like ripping necklace off is good
3. the threat must be a threat of immient harm

Question 5

extortion

Answer 5

rule - knowingly seeking to obtain property or services my means of a future threat (so robberry but in the future)

distinction between extortion and robbery

1. extort - don’t have to take anything from the person or his presecne
2. extortion is future harm (robbery is imminet harm)

Question 6

forgery

Answer 6

rule - the making or altering of a false writing w intnet to deefraud

note - nay writing that has apparent legal significance can be subject to forgery

Question 7

burglary

Answer 7

rule - the breaking and entering of a dwelling of another at night w/ the intent to commit a felony therein

notes

1. breaking - can be actual (force) or constructive
2. actual breakings - it is not an actual breaking for someone to come in through a wide open door. If they push an interior door to the bedroom or living room, breaking exists
3. constructive breaking - any breaking by fraud or threat. (e.g. using a key for pursose you’re not suppose dto)

dwlling - can’t be a barn or commercial structure

with intent to commit a felony - the intent to commit the felony must exist at the time of the breaking

Question 8

arson

Answer 8

rule - the malicious burning of the dwelling of another

malice - no specific intent required. Acting w/ a reckless disregard of an obvious risk that the structure would burn will suffice

notes

1. only applies to brurning - need charring not scorching
2. must be dwelling (no commercial or barn)
3. hhouse of another (can’ tbe guilty with own house)