Other Crimes Flashcards
specific intent crimes means you need
the specific intent to do this crime
List of Specific Intent Crimes
larceny
burglary
robbery
assault
larceny by trick
false pretenses
embezzlement
receiving stolen property
forgery
accomplice liability
accessory before the fact
accessory after the fact
larceny
(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
exception to larceny
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
burglary
(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)
ex of breaking and entering (burglary)
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
not a breaking (burglary)
a wide open door or window
not a dwelling of another
office, store, your own home
burglary - intent -
intent must be present at the moment of breaking
felony does NOT have to be actually committed
[Tip] only apply the modern trends when ..
the facts give you a specific statute or the facts make it obvious
larceny merges into
robbery
if its by force or fraud is how I got in then
still a burglary
robbery
(1) trespassory taking
(2) carrying away
(3) property of another
(4) by force, intimidation, or fear
example of robbery
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
NOT a robbery
holding someone up with a water pistol and he laughs but gives you the money anyway
assault
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
larceny by trick
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
false pretenses
trigger - using words to trick you out of title
obtain title to property by false statement
larceny by trick examples
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
false pretenses examples
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!
embezzlement
(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.
receiving stolen property
(1) physical possession of stolen property
(2) knowledge it was stolen
(3) with an intent to keep it
forgery
(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
accomplice liability
(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
crimes accomplice is guilty of:
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
accessory before the fact (looks like accomplice liability BUT)
not present at scene of crime
accessory after the fact
(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
what are general intent crimes?
- no specific intent required
- the act itself is enough
I did the act and thats enough to be guilty
list of general intent crimes
battery
arson
rape
kidnapping
battery
unlawful application of force
arson
malicious burning of the dwelling of another
malicious = reckless
reckless = knew or should have known the harm could occur
[TIP] CL v Modern Trend re: arson
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
rape
(1) unlawful sexual intercourse
(2) by a male with a female
(3) without consent
[TIP] rape and kidnapping are usually tested by
statute on the MBE -
so they’ll tell you what its defined as
kidnapping
unlawful restraint of a person’s freedom by force
