Other Crimes

Question 0

ROBBERY

Answer 0

(i) a taking (ii) of personal property of another (iii) from the other’s person or presence (iv) by force or intimidation, (v) with the intent to permanently deprive the other of the property.

The “presence” element is satisfied if the victim is in the vicinity when the property is taken.

Question 1

BURGLARY

Answer 1

(i) a breaking (ii) and entry (iii) of the dwelling (iv) of another (v) at nightime (vi) with the intent to commit a felony therein.

May have constructive breaking if entry is gained by fraud. Does not merge with other crimes.

Question 2

ARSON

Answer 2

Malicious burning of the dwelling of another.

Malice is satisfied not only by intentionally burning the dwelling of another but also by acting with reckless disregard of an obvious risk that the structure would burn. Voluntary intoxication is not a defense when malice is the mental state required.
Note: Arson is to the dwelling of another not ones own dwelling.

Question 3

LARCENY

Answer 3

(i) intentional taking and carrying away (ii) of tangible personal property of another (iii) by trespass (without consent), (iv) with the intent to permanently deprive the other of his interest in the property.

Question 4

FALSE PRETENSES

Answer 4

Obtaining title tot he personal property of another by an intentional false statement, with the intent to defraud. (key difference with larceny: in larceny defendant only gets possession while in false pretenses he gains title.
False statement must be of past or present event (not a future promise).

Question 5

LARCENY BY TRICK

Answer 5

If the defendant obtains only possession (not title) as a result of the intentional false statement, the crime is “larceny by trick,” not false pretenses.

Question 6

EMBEZZLEMENT

Answer 6

Theft by a high level employee with control of the property from the employer or theft by a person in a position of trust (i.e. accountant, attorney).