Other crimes

Question 1

Larceny? (Specific intent)

Answer 1

The trespassatory taking carry away of personal property of another with the intent to deprive permanently

The millisecond you take it its larceny, so long as you have the intent.

Question 2

Specific intent crimes?

Answer 2

1. Larceny
2. Burgarly
3. Robbery
4. Assault
5. Larceny by trick
6. Embezzlement
7. Receiving stolen property
8. Forgery

Question 3

Very rare continuing trespass hypo for Larceny?

Answer 3

Hypo says you took something without wanting to steal it without wanting to steal it but without your permission. Then, later while I still have it, I decide to steal it.

Question 4

(specific intent) Burglary

Answer 4

Breaking and entering into a dwelling house of another at night with the intent to commit a felony

1. If door is open no breaking and entering
   1. ANY ENLARGEMENT IS BREAKING AND ENTERING. Opening door an inch, opening windows that are ajar.
2. Dwelling
   1. Where the person lives. If john lives on third floor of 7/11, thats a dwelling.
3. Intent to commit a felony
   1. Dont have to do anything when I get in, i just need the intent when the millisecond I get in.
4. If the breaking in happens by fraud or force
   1. Also guilty of burglary even if you didn’t “break” in.

Question 5

Robbery (specific intent)

Answer 5

1. Tresspasory taking of property of another through force, intimidation, or fear. (Larceny + taking from person + force or threat)
   
   1. you have to actually be afraid at the exact time of the taking.
      1. If I steal up behind you and you dont see me then it is not robbery. Its larceny.

    2. Larceny merges into robbery

Question 6

Assault?

Answer 6

1. Intent to commit a battery
2. Intentional infliction of apprehension
   1. Some conduct is needed, words are not enough.

Question 7

Larceny by trick?

Answer 7

1. I obtain possession of your property by a false statement
   1. I lied to you and because of the lie you gave me your watch
   2. Only have possession, not title or ownership

Question 8

False pretense?

Answer 8

1. Looks like Larceny by trick
2. You obtain title of someones property by a false statement
   1. EX: Often happens with Fraudulent sale. Fake rolex.
3. when in doubt, do larceny by trick.
4. prosecution must prove that the defendant’s misrepresentation was a significant factor in, or the cause of, the victim’s decision to pass title to the property to the defendant.

Question 9

Embezzlement

Answer 9

1. Lawful possession of the property by another, that you then convert for your own use
   1. Pawn shop guys You go to pawn shop and give him the ring to hold onto but then he sells it before he’s supposed to

Question 10

Receiving stolen property

Answer 10

1. Physical posses of stollen property, and you know its stolen, with the intent to keep it

Question 11

Forgery?

Answer 11

1. alse making of a false document with legal significance and the intent to make wrongful use of it
   1. Legal significance
   1. Money bills count!!!F

Question 12

Accessory to a crime?

Answer 12

1. The specific intent to achieve the crime and we aid, abet, or encourage someone in accomplishing the crime.
2. If you actually commit the crime itself, then you’ll be guilty of the crime itself.
3. liable for all crimes committed that he aids or encourages and all natural and probable results of the crime he intends to commit

Question 13

Accessory before the fact

Answer 13

1. Aid abet, or help achieve the crime but are not present at the scene of the crim

Question 14

Accessory after the fact

Answer 14

1. Crime is completed, I know crime is completed, I give help to you to prevent you from getting caught or convicted

Question 15

General intent crime?

Answer 15

No mental state necessary. D is generally aware of wealth he is doing.

Battery
Arson
Rape and Kidnaping

Question 16

Battery?

Answer 16

1. he unlawful application of force to another person resulting in bodily injury or offensive touching
2. dont have to want to do it. Walking down street, elbow hits someone in the nose, technically battery

Question 17

Arson

Answer 17

1. malicious burning of the dwelling of another
   
   1. malicious = reckless
      1. Knew or should have known the burning would occur
      2. Some charring is enough, not just blacking from smoke

Question 18

Rape and Kidnapping

Answer 18

1. Usually give a statute
2. Rape
   1. unlawful sexual intercourse with a male with a female without consent
   1. No intent necessary
3. kidnapping
   1. Unlawful restraint of a persons freedom by forc

Question 19

Either form of manslaughter are General Intent

Answer 19

Either form of manslaughter are general intent