Other Crimes Flashcards
What are the elements of larceny?
-> Trespassory
-> Taking and
-> Carrying away (even a short distance)
-> Of the personal property
-> Of another
-> With the specific intent to permanently deprive the owner of the property
Is D liable for larceny if they aren’t the one who does the trespassers taking, but instead is D’s agent?
Yes.
A trespassory taking can be committed by the defendant personally or the defendant’s agent—even one who is unaware of the defendant’s criminal intent.
What is the continuing trespass rule?
When an initial taking was trespassory but there was no intent at the time to permanently deprive the person of the property, then the continuing trespass rule serves to deem the original trespass “continuing” so that it coincides with later-acquired criminal intent.
What are the elements of larceny by trick?
-> larceny
-> accomplished by fraud or deceit
-> that results in the conversion of the property of another
Can D still be convicted of larceny if they find lost or misplaced items?
A person who finds lost or misplaced property is guilty of larceny if, at the time of the finding, the person
-> knows or believes he/she can locate the owner
AND
-> takes and carries away the property with the intent to steal it.
Note: If they intend to give it back at some point, then it isn’t larceny as there is no intent to steal it.
Can someone be convicted of larceny if they take an item, but end up returning it without the owner knowing the item was taken and returned?
Additionally, a defendant is guilty of larceny even if the property is returned to the place from which it was taken or to its rightful owner.
Can someone be convicted of larceny when they steal something but that thing was actually free but they didn’t know it was free?
Can they be convicted of something else?
No, they can’t be convicted of larceny because the thing was free to take.
BUT they can be convicted of attempted larceny as they
-> had the intent to commit the larceny
-> acted in furtherance of the crime
BUT
-> does not complete because in this case the stuff is free
What are the elements of forgery?
-> making
-> of a false writing
-> with apparent legal significance and
-> with the specific intent to defraud
How can the “making” element of forgery be met?
“Making” includes
-> creating a document,
-> altering a document,
OR
-> fraudulently inducing another to sign a document when that person is unaware of the significance of the document.
What are the elements of embezzlement?
-> Fraudulent
-> conversion
-> of the property
-> of another
-> by a person who is in lawful possession of the property
What are the elements of false pretenses?
-> knowingly misrepresented a past or present material fact
-> did so with the specific intent to defraud
AND
-> got TITLE to (i.e., ownership of) another’s property.
What are the elements of robbery?
-> Larceny
-> from the person or presence of the victim
-> by force (battery) or intimidation (assault)
What are the elements of extortion?
-> the taking of money or property from another by threat
-> making the threat (not obtaining the property) is the essence of the crime (majority view)
-> the threat need not be of immediate harm or of a physical nature
-> the property need not be on the victim or in his presence
What are the elements of burglary?
-> breaking and
-> enterring
-> of the dwelling
-> of another
-> at nighttime
-> with the specific intent to commit a felony therein
Does D need to commit the felony to be charged with burglary?
Commission of the underlying felony is unnecessary.
However, a burglary defendant who fails to complete the underlying felony is also guilty of the attempted commission of that felony.
What are the elements of arson (under common law)?
-> malicious
-> burning
-> of the dwelling
-> of another
What are the elements of arson under the MPC?
The MPC includes any intentional fire/explosion intended to destroy a building or occupied structure, or destroying/damaging property to collect insurance.
What are the elements of possession offenses?
D exercises dominion and control over a prohibited object or substance.
D is not required to be aware that possession of the object is illegal.
What must the duration of possession be for possession offenses?
Must be for a period long enough to have provided D with an opportunity to cease such dominion and control.
What are the elements of receipt of stolen property?
-> receiving control of stolen property
-> knowledge of that the property is stolen
AND
-> intent to permanently deprive the owner of the property
What are the elements of battery?
-> unlawful
-> application of force
-> to another person
-> that causes bodily harm to that person or constitutes an offensive touching
Under the crime of receipt of stolen property, how is the knowledge element met?
Either
-> actual subjective knowledge from the recipient that the art was stolen
OR
-> infer from the facts that a reasonable person would know the art is stolen (modern view)
What are the elements of assault?
-> an attempt to commit a battery or
-> intentionally placing another in apprehension of imminent bodily harm
What are two forms of criminal assault?
-> attempted battery
-> “fear of harm” assault
