Other Crimes Flashcards
What does Larceny require?
taking (any movement)
another property (must be tangible)
no consent (BOP on def.)
with intent to deprive
What is Larceny by Trick?
larceny
accomplished with fraud or deceit
results in conversion of another
What is embezzlement
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
What is false pretenses
Defendant obtain title to someone else property through deception
Requirements for False Pretenses
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
What is robbery?
Larcent elements
from the person or presence of the victim
by violence of intimidation
What is Extortion
threats of future harm
Elements of Extortion
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
What is Common Law Buglary
breaking
entering
the dwelling
of another
at night
with septic intent to commit felony therein
What is modern burglary
breaking
entering
the property
of another
with specific intent to commit felony therein
What is arson elements at common law?
Malicious
burning
of dwelling
of another
MPC Arson
Intentional fire/explosion intended to destroy a building or occupied structure or destroying property to collect insurance
MPC Arson
Intentional fire/explosion intended to destroy a building or occupied structure or destroying property to collect insurance
Battery Elements
unlawful
application of force
to another person
that cause bodily harm or offensive contact
What is complete bar to battery
consent
What are defenses that not available for batter?
intoxtixication or mistake of fact excuse it is general intent crime
What are requirements of attempted batter(assault)
attempt to commit battery but fails
What is assault that causes fear of harm elements?
intentional placing another in fear or impediment bodily harm
general intent crime
What are elements of rape?
unlawful
sexual intercourse
gender neutral
without consent
Stautory rape
strict liability cant use mistake no matter how reasonable mistake is
If a person who unlawfully enters a home to get their property convicted of burglary?
no
Can you commit larceny if you taken stolen property from someone?
yes, you may be guilty by stealing property from the first thief unless you have superior possessory interest in property
can you be criminally liable for battery if you tell another person to commit the battery?
yes if order the other person to apply force, they act as accomplice or you set object that resulted in application of force
