Other Crimes

Question 1

Larceny

Answer 1

Larceny = RULE: *is a Specific Intent crime

(1) trespassory taking AND carrying away… (even ONE INCH)
(2) someone else’s personal property… AND
(3) with intent** **AT THAT MOMENT to permanently deprive (i.e., at moment of taking, he intended to steal it)

*EVEN IF person has second thoughts & puts it back, DOESN’T MATTER

EXCEPTION: Continuing Trespass (other flashcard…)

Question 2

Continuing Trespass

Answer 2

= EXCEPTION to Larceny → Continuing Trespass = RULE:

(1) wrongful taking without person’s permission (knew it was wrong)
(2) BUT had NO intent to steal AT** THE **MOMENT OF TAKING

*BUT, this CAN TURN INTO LARCENY IF person decides to KEEP IT

Question 3

Burglary

Answer 3

Burglary – RULE:

(1) breaking AND entering (breaking INCLUDES entering by fraud OR forcing person to open door)
(2) someone else’s dwelling (not a store, not a warehouse)
(3) at nightAND
(4) with intent to commit a felony AT MOMENT OF breaking & entering (don’t have to actually commit the felony – e.g., Antoine Dodson song)

*is a Specific Intent crime

*MODERN Burglary RULE → only apply this if Facts clearly indicate - for Modern, doesn’t have to be a dwelling, can be some other building

Question 4

In analyzing possible Burglary, what’s tricky about the Intent & Felony?

Answer 4

“…with intent to commit a felony”

→ Intent must be present AT MOMENT OF breaking & entering

→ Felony does NOT have to actually be committed

Question 5

Robbery

Answer 5

Robbery – RULE:

(1) trespassory taking AND carrying away… (even ONE INCH)
(2) someone else’s personal property… AND
(3) by using Force, Intimidation, ORFear

*is a Specific Intent crime

*LARCENY merges into ROBBERY (Robbery subsumes Larceny, so don’t charge someone with both crimes – just with Robbery)

E.g., pointing gun at GT student and telling him to give you his backpack with laptop in it (think Home Park)

Question 6

Assault

Answer 6

Assault has TWO types:

Assault #1) intent to commit a Battery

Assault #2) intent to place someone in Fear of an Imminent Harmful OR Offensive contact

*WORDS are NOT enough – must includeCONDUCT / ACTIONS

*is a Specific Intent crime

Question 7

Larceny by Trick

Answer 7

= obtaining POSSESSION** of **someone else’s property by false statement (that you make verbally)

*use Larceny by Trick as the default crime BEFORE False Pretense or Embezzlement

*is a Specific Intent crime

E.g., asking someone to use his phone, but was lying about needing to make a call, and then keeping it and running away (think Jaffa)

Question 8

False Pretenses

Answer 8

= obtaining TITLE to someone else’s property by False Statement (that you make verbally)

*is a Specific Intent crime

COMMON SITUATION: when you have a two-way fraudulent transaction → e.g., Farzad tells Clara this is a handmade Persian rug and he sells it to her for $1000, but it’s actually a machine-made Chinese rug.

Question 9

Embezzlement

Answer 9

= Perp ALREADY HAS lawful possession of someone else’s property, AND Perp converts it for his own use

*is a Specific Intent crime

E.g., someone temporarily pawns gold ring to Pawnshop, then price of gold goes up a lot, so Pawnshop guy sells it before pawner’s deadline so he can cash in

Question 10

Receiving Stolen Property

Answer 10

RULE = (1) Perp has physical possession of Stolen Property,

(2) KNOWS it was Stolen, AND
(3) intends to keep it

*is a Specific Intent crime

Question 11

Forgery

Answer 11

RULE = (1) Perp fraudulently makes a False Document,

(2) Document is LEGALLY SIGNIFICANT, AND
(3) intends to wrongfully use the Document

*is a Specific Intent crime

E.g., printing counterfeit money to buy Mercedes car

Question 12

Accomplice Liability

Answer 12

RULE = (1) person has specific intent to achieve the crime, AND

(2) aids OR abets the completion of the crime

*is a Specific Intent crime

“aids” = supports / helps “abets” = encourages / induces

**CRIMES ACCOMPLICE IS GUILTY OF…

…if the crime IS completed → Accomplice is ALSO guilty of that crime

…if the crime is NOT completed → Accomplice is ONLY guilty of Accomplice Liability

Question 13

What crimes is an Accomplice guilty of?

Answer 13

…if the crime IS completed → Accomplice is ALSO guilty of that crime

…if the crime is NOT completed → Accomplice is ONLY guilty of Accomplice Liability

Question 14

Accessory Before the Fact

Answer 14

= when Accomplice was NOT PRESENT at scene of the crime

→ he would be guilty of Accessory Before the Fact–NOT the crime that was committed

*is a Specific Intent crime

Question 15

Accessory After the Fact

Answer 15

RULE = (1) the felony was completed,

(2) the Accessory KNEW of the completed crime, AND
(3) Accessory GAVE AID to help** **perps** **avoid Arrest OR Conviction

Aka. “obstruction of justice” or “harboring a fugitive”

*is a Specific Intent crime

E.g., after Jill murdered neighbor, Tommy hid the evidence and snuck Jill out of the country

→ Tommy would be guilty of Accessory After the Fact–NOT the murder that Jill committed

Question 16

Specific Intent crimes vs. General Intent crimes?

Answer 16

Specific Intent → Perp had intent to commit that specific crime

General Intent → Perp didn’t have specific intent, BUT his act is enough to constitute a crime

Question 17

Battery

Answer 17

Battery = unlawful application of force

*is a General Intent crime (the act itself is enough - no specific intent needed)

Question 18

Arson

Answer 18

= MALICIOUS burning of someone else’s dwelling

“malicious” = reckless** (**knew OR should’ve known dwelling could burn down)

*is a General Intent crime (the act itself is enough - no specific intent needed)

MODERN Trend Arson: if relevant, they’ll give you a statute or strong indication that Hypo is in a Modern jurisdiction - otherwise, default to Common Law rule (above)

Question 19

Rape

Answer 19

RULE: 1) unlawful sexual intercourse

2) by a male with a female, AND
3) without her consent

*is a General Intent crime (the act itself is enough - no specific intent needed)

Question 20

Kidnapping

Answer 20

RULE = unlawful restraint of a person’s freedom by force

*is a General Intent crime (the act itself is enough - no specific intent needed)

Question 21

If MBE asks about an attempted kidnapping, what crime is the question about?

Answer 21

= Attempt (NOT re: kidnapping)