Other Crimes Flashcards
Specific Intent Crimes
- Larceny
- Burglary
- Continuing Trespass
- Burglary
- Robbery
- Assault
- Larceny by Trick
- False Pretenses
- Embezzlement
- Receiving Stolen Property
- Forgery
- Accomplice Liability
- Accessory Before the Fact
- Accessory After the Fact
Larceny
- Trespassory Taking (touched it)
- Carrying Away (moved it an inch)
- Personal Property of Another
- With Intent to Permanently Deprive (wanting to steal)
If I decide not to steal it, is it still larceny?
Yes, if when you touched it and picked it up with intent to steal
Continuing Trespass
- wrongfully take without permission
- no intent to steal at the time of taking
- can turn into larceny if you decide to keep it
Burglary
- Breaking and entering (enlarging door or window)
- Dwelling of Another (not office or store)
- at Night
- With INTENT to commit a felony AT THE MOMENTof breaking in
Burglary Intent
- intent must be present at the moment of breaking
- felony does NOT have to be actually committed
Robbery (larceny merges into robbery)
- Trespassory Taking
- Carrying Away
- Property of Another
- By Force, Intimidation, or Fear
Assault
- intent to commit a battery
OR - Intent to place another in imminent fear of harmful or offensive contact
Are words enough for assault?
No. Needs to be SOME conduct
Larceny by Trick
- Obtain POSSESSION to property by False Statement
- Use as the default crime before False Pretense or Embezzlement
False Pretenses
- Obtain TITLE to property by False Statement
- usually a two-way trick
Embezzlement
1) lawful possession of personal property
2) converted for own use
Receiving Stolen Property
1) physical possession of stolen property
2) knowledge it was stolen
3) intent to keep
Forgery
1) fraudulent making of a false document
2) that has legal significance
3) intended wrongful use
Accomplice Liability
1) specific intent to achieve the crime
AND
2) aid or abet the completion of the crime
Crimes Accomplice is guilty of:
- accomplice is guilty of ALL underlying crimes completed
- if the crime isn’t completed, Accomplice is only guilty of accomplice liability
Accessory Before the Fact
Not present at scene of crime
Accessory After the Fact
1) felony completed
2) knowledge of completed crime
3) aid to avoid arrest/conviction
General Intent Crimes
- no specific intent required
- the act itself is enough
Battery
unlawful application of force
Arson
- malicious burning of the dwelling of ANOTHER
- malicious = reckless
*modern trend: not necessarily dwelling of another
Rape
1) unlawful sexual intercourse
2) by a male with a female
3) without consent
*follow statute
Kidnapping
unlawful restraint of a person’s freedom by force
*follow statute
Attempted Kidnapping is
an Attempt (specific intent) question, not a Kidnapping question
