Other Crimes

Question 1

Define perjury.

Answer 1

Perjury involves the willful act of falsely promising to tell the truth, either verbally or in writing, about material matters that affect the outcome of a case.

Question 2

How far must property be moved to satisfy the asportation requirement of larceny?

Answer 2

The carrying away requirement (or asportation) is satisfied by even a slight movement of the property, e.g., inches.

Question 3

What are the four elements of common-law arson?

Answer 3

(i) Malicious;
(ii) Burning;
(iii) Of the dwelling;
(iv) Of another.

Question 4

Can someone be guilty of larceny for taking stolen property from a thief?

Answer 4

Yes. The taking of stolen property from a thief can constitute larceny unless the taker has a superior possessory interest in the property.

Question 5

What are the six elements of common-law larceny?

Answer 5

Larceny is the:

(i) Trespassory;
(ii) Taking and;
(iii) Carrying away;
(iv) Of the personal property;
(v) Of another;
(vi) With the intent to permanently deprive that person of the property (i.e., intent to steal).

Question 6

What is the continuing trespass rule relating to larceny?

Answer 6

The continuing trespass rule considers a situation where the taking was done without permission, but without the intent to permanently deprive. However, at some time after the initial taking, the defendant forms the intent to permanently deprive the owner. Under this rule, the trespass is considered to continue in order for the criminal act to coincide with the criminal intent, resulting in larceny.

Question 7

What are the four elements of common-law conspiracy?

Answer 7

Common-law conspiracy is:

(i) An agreement;
(ii) Between two or more persons;
(iii) To accomplish an unlawful purpose;
(iv) With the intent to accomplish that purpose.

Note: Conspiracy is a specific-intent crime.

Question 8

What are the four elements of kidnapping?

Answer 8

Kidnapping is the:

(i) Unlawful;
(ii) Confinement of a person;
(iii) Against that person’s will;
(iv) Coupled with either the movement or the hiding of that person.

Question 9

What are the five elements of embezzlement?

Answer 9

Embezzlement is the:

(i) Fraudulent;
(ii) Conversion;
(iii) Of the property;
(iv) Of another;
(v) By a person who is in lawful possession of the property.

Question 10

What are the two types of criminal assault, and are they general- or specific-intent crimes?

Answer 10

1. ) “Attempted battery” assault: The defendant takes a substantial step toward the commission of a battery; this is a specific-intent crime.
2. ) “Fear of harm” assault: The defendant intentionally places another in apprehension of imminent bodily harm; this is a general-intent crime.

Question 11

What are the three usual statutory elements of the crime of receiving stolen goods?

Answer 11

It requires:

(i) Receiving control (not necessarily possession) of stolen property;
(ii) Knowledge that the property is stolen; and
(iii) Intent to permanently deprive the owner of the property.

Note: Knowledge that the property is stolen must coincide with the act of receiving the property.

Question 12

What two elements are added to common-law larceny to establish a robbery?

Answer 12

A robbery is a larceny

(i) from the person or presence of the victim, and
(ii) achieved by force or intimidation.

Question 13

What is bribery under (1) the common law, and (2) the modern law?

Answer 13

(1) Common law: A misdemeanor involving the corrupt payment of something of value for the purpose of influencing the action of an official in the discharge of his public or legal duties.
(2) Modern law: Can be a felony and may extend to persons who are not public officials. Mutuality is not required.

Question 14

What are the four common-law elements of battery?

Answer 14

Battery is the:

(i) Unlawful;
(ii) Application of force;
(iii) To another person;
(iv) That causes bodily harm to that person or constitutes an offensive touching.

Note: Battery is a general-intent crime.

Question 15

Can the owner of property be guilty of larceny regarding that property?

Answer 15

Yes. The owner of property can be guilty of larceny when someone other than the owner is entitled to current possession of the property.

Question 16

What are the six common-law elements of burglary?

Answer 16

(i) Breaking and;
(ii) Entering;
(iii) Of the dwelling;
(iv) Of another;
(v) At nighttime;
(vi) With the specific intent to commit a felony therein

Question 17

What are the four common-law elements of rape?

Answer 17

Rape is:

(i) Unlawful;
(ii) Sexual intercourse;
(iii) With a female;
(iv) Against her will by force or threat of immediate force.

Note: Rape is a general-intent crime. Additionally, most modern statutes are gender-neutral and have replaced the force requirement with lack of consent.

Question 18

Define statutory rape.

Answer 18

Statutory rape is sexual intercourse with a person under the age of consent. It is a strict-liability crime with respect to the age of the victim, and neither consent by the underage victim nor a defendant’s reasonable mistake of fact concerning the victim’s age is a defense.

Question 19

What is the main difference between larceny by trick and false pretenses?

Answer 19

Under larceny by trick, the defendant obtains possession.

Under false pretenses, the defendant obtains title.