Other Crimes Flashcards

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1
Q

Larceny

A

1.Trespassory taking
2. Carrying away
3. Personal property of another
4. With the intent to permanently deprive

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2
Q

Continuing Tresspass

A

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.

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3
Q

Burglary

A
  1. Breaking and entering
  2. Dwelling of another
  3. At nighttime
  4. 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

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4
Q

Does Larceny merge into robbery?

A

Larceny merges into robbery.

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5
Q

Robbery

A
  1. Trespassory taking
  2. Carrying away
  3. Property of another
  4. By force, intimidation, or fear

Larceny with force

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6
Q

Assault

A

2 types
1. The intent to commit a battery (crim law) or

  1. 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.

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7
Q

Larceny by trick

A

(Possession)

o You obtain possession of another’s property by a false statement

o One-way transaction

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8
Q

False pretenses

A

(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.

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9
Q

Embezzlement

A

I lawfully was in possession of your property and then I convert it to my own use.

  1. Lawful possession of personal property
  2. Converted for own use

o Key I already had lawful possession of it

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10
Q

Receiving Stolen Property

A
  1. Physical possession of stolen property
  2. Knowledge it was stolen
  3. Intent to keep
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11
Q

Forgery

A
  1. Fraudulent making of a false document
  2. With legal significance
  3. Intended wrongful use
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12
Q

Accomplice Liability

A

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.

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13
Q

Accessory before the fact

A

looks like accomplice liability but the key is that I am not present at the scene of the crime.

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14
Q

Accessory after the fact

A

you already robed the bank, its occurring after the facts.

  1. The felony was completed
  2. The accessory knew of the completed crime and
  3. I am now giving you aid (get away with it, avoid arrest or conviction)
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15
Q

General Intent Crimes

A

Krab
1. Kidnapping
2. Rape
3. Arson
4. Battery

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16
Q

Battery

A

The unlawful application of force.

o I smacked someone in the face without their permission.

17
Q

Arson

A

Malicious burning of the dwelling house of another.

o Malicious means: reckless. You knew or should have known that the dwelling could burn down.
o Malicious = reckless

 If I burn my own house down for the insurance money at CL: not guilty arson because that’s not the dwelling of another.
 Modern trend only needs to be a structure.

18
Q

Rape

A

CL
1. Unlawful sexual intercourse
2. By a male with a female
3. Without consent
*Usually tested via statue

19
Q

Kidnapping

A

Unlawful restraint of a person freedom by force

o Usually tested by statue.