Other Crimes

Question 1

Larceny: Elements (5)

Answer 1

(1) a taking and carrying away (2) of tangible personal property (3) of another (4) by trespass (5) with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.

Question 2

Larceny: When must the defendant have had the intent to permanently deprive the person of his interest in the property?

Answer 2

At the moment of the taking.

Question 3

Larceny: Can a person be guilty even though he did not personally engage in the taking if he acted through an innocent agent?

Answer 3

Yes.

Question 4

Larceny: Is it possible to commit larceny of your own property? Explain.

Answer 4

Yes, if another person, such as a bailee, has a superior right to possession of the property at that time. (e.g., a mechanic has right to possess a car until he’s paid)

Question 5

False Pretenses: Elements (4)

Answer 5

(1) obtaining title to the property (2) of another (3) by an intentional false statement of past or existing fact (4) with intent to defraud the other.

Question 6

False Pretenses: Required intent?

Answer 6

Specific intent to defraud.

Question 7

Burglary: Elements (6)

Answer 7

A (1) breaking and (2) entering (3) of a dwelling (4) of another (5) at nighttime (6) with the intent to commit a felony in the structure.

Question 8

Burglary: Must a felony be committed?

Answer 8

No - only the intent to commit a felony is required.