Other Crimes Flashcards
Larceny
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…)
Continuing Trespass
= 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
Burglary
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
In analyzing possible Burglary, what’s tricky about the Intent & Felony?
“…with intent to commit a felony”
→ Intent must be present AT MOMENT OF breaking & entering
→ Felony does NOT have to actually be committed
Robbery
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)
Assault
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
Larceny by Trick
= 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)
False Pretenses
= 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.
Embezzlement
= 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
Receiving Stolen Property
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
Forgery
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
Accomplice Liability
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
What crimes is an Accomplice 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
Accessory Before the Fact
= 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
Accessory After the Fact
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
Specific Intent crimes vs. General Intent crimes?
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
Battery
Battery = unlawful application of force
*is a General Intent crime (the act itself is enough - no specific intent needed)
Arson
= 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)
Rape
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)
Kidnapping
RULE = unlawful restraint of a person’s freedom by force
*is a General Intent crime (the act itself is enough - no specific intent needed)
If MBE asks about an attempted kidnapping, what crime is the question about?
= Attempt (NOT re: kidnapping)
