Offenses Against the Property & Habitation

Question 1

Theft

Answer 1

A person commits theft if:

1) He unlawfully exercises control over the property of another
2) Without effective permission; and
3) With the intent to deprive the other of that property.

Question 2

Larceny Definition

Answer 2

Any crime that would be larceny, embezzlement, or false pretenses under common law may be charged as larceny.

Question 3

Types of Larceny

Answer 3

• Grand Larceny - occurs when a person commits:
  1) Larceny from the person of another, taking money or things worth $5 or more;
  2) Simple Larceny, not from the person of another, taking goods and chattels worth $500 or more; or
  3) Simple Larceny, not from the person of another, taking any firearm, regardless of its value.
• Petit Larceny: lesser amounts

Question 4

Presumption of Larceny

Answer 4

One in the unexplained and exclusive possession of recently stolen property can be presumed to be guilty of larceny

Question 5

Larceny and Robbery

Answer 5

Larceny is a lesser included offense of robbery.

Question 6

Extortion

Answer 6

1) Threatening injury to someone’s:
a) character, person, or property, or
b) accusing someone of an offense, and
2) Thereby extorting money, property, etc.
3) Sending note/electronic communication threatening to kill/do great bodily harm to the victim/her family.

Question 7

Burglary Statute

Answer 7

Common Law, except:

1) Expand places covered;
2) Eliminate need for breaking;
3) Eliminate requirement that entry be in nighttime; and
4) Expand intent.

Question 8

Arson Definition

Answer 8

The malicious burning of any building.

Question 9

Distinction for burning requirement for Arson

Answer 9

Burning includes the use of explosive devices and other substances.

Question 10

Definition of Dwelling for Arson

Answer 10

Includes any structure or building in which persons usually dwell or lodge, including:

• manufactured homes, boats, trailers, hotels, hospitals, mental health facilities, houses of worship, railroad cars, vessels, jails, or prisons (but outhouses are not dwellings for purposes of the arson statutes).