Other Crimes Flashcards
Larceny
1.Trespassory taking
2. Carrying away
3. Personal property of another
4. With the intent to permanently deprive
Continuing Tresspass
Exception to larceny
Continuing trespass: When I wrongfully take something. I didn’t necessary want to steal it but im taking something without your permission. I know its wrong to take it. Im doing something bad without your permission but I do and then I decide to steal it later it’s a continuing trespass
AKA Wrongful taking without permission and then you later decide to steal it.
Burglary
- Breaking and entering
- Dwelling of another
- At nighttime
- With the intent to commit a felony
a. Intent must be present at the time of the breaking
b. Felony does NOT have to be actually committed
Does Larceny merge into robbery?
Larceny merges into robbery.
Robbery
- Trespassory taking
- Carrying away
- Property of another
- By force, intimidation, or fear
Larceny with force
Assault
2 types
1. The intent to commit a battery (crim law) or
-
Intent to place another in imminent fear of a harmful or offensive contact (The assault that looks like the tort assault)
Or intent to place a person in fear of an imminent battery
Some conduct is needed. Words are NOT enough.
Larceny by trick
(Possession)
o You obtain possession of another’s property by a false statement
o One-way transaction
False pretenses
(Title)
I’m obtaining your personal property through a false statement but I obtained title.
o I’m getting title.
o Two-way transaction and I get title.
Embezzlement
I lawfully was in possession of your property and then I convert it to my own use.
- Lawful possession of personal property
- Converted for own use
o Key I already had lawful possession of it
Receiving Stolen Property
- Physical possession of stolen property
- Knowledge it was stolen
- Intent to keep
Forgery
- Fraudulent making of a false document
- With legal significance
- Intended wrongful use
Accomplice Liability
1. Specific intent to achieve the crime
2. Aid/ abet the completion of the crime
o I don’t just want you to rob the bank, I want to help you rob the bank.
AKA Accomplice is guilty of ALL crimes completed as if they did it themselves.
Accessory before the fact
looks like accomplice liability but the key is that I am not present at the scene of the crime.
Accessory after the fact
you already robed the bank, its occurring after the facts.
- The felony was completed
- The accessory knew of the completed crime and
- I am now giving you aid (get away with it, avoid arrest or conviction)
General Intent Crimes
Krab
1. Kidnapping
2. Rape
3. Arson
4. Battery