Other Crimes Flashcards

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1
Q

What does Larceny require?

A

taking (any movement)

another property (must be tangible)

no consent (BOP on def.)

with intent to deprive

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2
Q

What is Larceny by Trick?

A

larceny

accomplished with fraud or deceit

results in conversion of another

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3
Q

What is embezzlement

A

defendant starts out with consent then converts to his own

(1) fraudulent (2) conversion (3) of the property (4) of another (5) by a person who is in lawful possession of the property

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4
Q

What is false pretenses

A

Defendant obtain title to someone else property through deception

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5
Q

Requirements for False Pretenses

A

obtaining title to property

of another

through reliance of that person

on known false representation of material or past fact

representation is made with intent to defraud

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6
Q

What is robbery?

A

Larcent elements

from the person or presence of the victim

by violence of intimidation

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7
Q

What is Extortion

A

threats of future harm

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8
Q

Elements of Extortion

A

the taking of money or property from another by threat

making the threat

the threat does not have to be immediate harm or physical nature

the property need not be on the victim or in his presence

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9
Q

What is Common Law Buglary

A

breaking

entering

the dwelling

of another

at night

with septic intent to commit felony therein

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10
Q

What is modern burglary

A

breaking

entering

the property

of another

with specific intent to commit felony therein

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11
Q

What is arson elements at common law?

A

Malicious

burning

of dwelling

of another

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12
Q

MPC Arson

A

Intentional fire/explosion intended to destroy a building or occupied structure or destroying property to collect insurance

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13
Q

MPC Arson

A

Intentional fire/explosion intended to destroy a building or occupied structure or destroying property to collect insurance

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14
Q

Battery Elements

A

unlawful

application of force

to another person

that cause bodily harm or offensive contact

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15
Q

What is complete bar to battery

A

consent

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16
Q

What are defenses that not available for batter?

A

intoxtixication or mistake of fact excuse it is general intent crime

17
Q

What are requirements of attempted batter(assault)

A

attempt to commit battery but fails

18
Q

What is assault that causes fear of harm elements?

A

intentional placing another in fear or impediment bodily harm

general intent crime

19
Q

What are elements of rape?

A

unlawful

sexual intercourse

gender neutral

without consent

20
Q

Stautory rape

A

strict liability cant use mistake no matter how reasonable mistake is

21
Q

If a person who unlawfully enters a home to get their property convicted of burglary?

A

no

22
Q

Can you commit larceny if you taken stolen property from someone?

A

yes, you may be guilty by stealing property from the first thief unless you have superior possessory interest in property

23
Q

can you be criminally liable for battery if you tell another person to commit the battery?

A

yes if order the other person to apply force, they act as accomplice or you set object that resulted in application of force