Other Crimes

Question 1

specific intent crimes means you need

Answer 1

the specific intent to do this crime

Question 2

List of Specific Intent Crimes

Answer 2

larceny
burglary
robbery
assault
larceny by trick
false pretenses
embezzlement
receiving stolen property
forgery
accomplice liability
accessory before the fact
accessory after the fact

Question 3

larceny

Answer 3

(1) trespassory taking
(2) taking away - I touched it and moved it an inch
(3) personal property of another
(4) with intent to permanently deprive (aka intent was to steal it

Question 4

exception to larceny

Answer 4

continuing trespass:

-wrongful taking without permission (should not have picked it up in the first place)

-no intent to steal at the time of taking

-can turn it into a larceny if you decide to keep it

Question 5

burglary

Answer 5

(1) breaking and entering
(2) dwelling of another
(3) at nighttime
(4) with intent to commit a felony (intent determined at time they break in)

Question 6

ex of breaking and entering (burglary)

Answer 6

picking the lock, cutting the alarm, shattering the glass, any enlarging of the door or window, entering by force or fraud, any part of your body goes across the threshold is an entering

Question 7

not a breaking (burglary)

Answer 7

a wide open door or window

Question 8

not a dwelling of another

Answer 8

office, store, your own home

Question 9

burglary - intent -

Answer 9

intent must be present at the moment of breaking

felony does NOT have to be actually committed

Question 10

[Tip] only apply the modern trends when ..

Answer 10

the facts give you a specific statute or the facts make it obvious

Question 11

larceny merges into

Answer 11

robbery

Question 12

if its by force or fraud is how I got in then

Answer 12

still a burglary

Question 13

robbery

Answer 13

(1) trespassory taking
(2) carrying away
(3) property of another
(4) by force, intimidation, or fear

Question 14

example of robbery

Answer 14

robbing a bank by holding up a gun and saying give me the money

threatening someone with a sniper far away that he cannot see

Question 15

NOT a robbery

Answer 15

holding someone up with a water pistol and he laughs but gives you the money anyway

Question 16

assault

Answer 16

intent to commit a battery OR intent to place another in imminent fear of a harmful or offensive contact

words are NOT enough; some conduct is needed

Question 17

larceny by trick

Answer 17

trigger - using words to trick you out of possession

obtain POSSESSION to property by false statement

use as the default crime before false pretense or embezzlement

Question 18

false pretenses

Answer 18

trigger - using words to trick you out of title

obtain title to property by false statement

Question 19

larceny by trick examples

Answer 19

Jon lies to you to get your car and drives it around for a year

one way transaction
- lied to get money off of you and I took the money to actually go to the casino

Question 20

false pretenses examples

Answer 20

Jon lies to you that he has to drive 100mph to get to the hospital. You give him title and registration to your car in case I get pulled over.

Jon tricks you into signing the deed of your house over to him

Jon sells you a fake Rolex

two way transaction for money!

Question 21

embezzlement

Answer 21

(1) lawful possession of personal property
(2) converted for own use

ex: you give your watch to a pawn shop to hold for 90 days. The shop sells it the next day.

Question 22

receiving stolen property

Answer 22

(1) physical possession of stolen property
(2) knowledge it was stolen
(3) with an intent to keep it

Question 23

forgery

Answer 23

(1) fraudulent making of a false document
(2) with legal significance
(3) intended wrongful use of it

ex: printing money and putting it out there into the world

Question 24

accomplice liability

Answer 24

(1) specific intent to achieve the crime
(2) aid or abet the completion of the crime

ex:
driving someone to the crime
acting as the look-out buying the gym used in the crime

Question 25

crimes accomplice is guilty of:

Answer 25

accomplice is guilty of ALL underlying crimes completed

accomplice is guilty of all of the things the main guy did!

if the crime is not completed, accomplice is only guilty of accomplice liability

Question 26

accessory before the fact (looks like accomplice liability BUT)

Answer 26

not present at scene of crime

Question 27

accessory after the fact

Answer 27

(trigger - person already did the crime)

(1) felony completed
(2) knowledge of completed crime
(3) aid to avoid arrest/conviction

ex:
hiding evidence
sneaking you out of town

knowing they committed the crime is not enough to be guilty; if you slam the door in their face - ur innocent

Question 28

what are general intent crimes?

Answer 28

1. no specific intent required
2. the act itself is enough

I did the act and thats enough to be guilty

Question 29

list of general intent crimes

Answer 29

battery
arson
rape
kidnapping

Question 30

battery

Answer 30

unlawful application of force

Question 31

arson

Answer 31

malicious burning of the dwelling of another

malicious = reckless

reckless = knew or should have known the harm could occur

Question 32

[TIP] CL v Modern Trend re: arson

Answer 32

common law - burning your own home is not arson

modern trend - will give you a statute or it will be obvious they are testing arson

Question 33

rape

Answer 33

(1) unlawful sexual intercourse
(2) by a male with a female
(3) without consent

Question 34

[TIP] rape and kidnapping are usually tested by

Answer 34

statute on the MBE -
so they’ll tell you what its defined as

Question 35

kidnapping

Answer 35

unlawful restraint of a person’s freedom by force