Other Crimes

Question 1

Larceny

Answer 1

(move your stuff with intent to steal)

trespassory taking or carrying away
of the personal property of another
with intent to permanently deprive

Question 2

even moving an inch with the intent to permanently deprive, you’re guilty of

Answer 2

larceny

Question 3

ASK how Jon get the object? For larceny, what must it be?

Answer 3

TOOK it

Question 4

if I took the watch to check time, am I guilty of larceny?

Answer 4

nope

Question 5

if I move it wanting to steal it, then I get jewish guilt and put it back, am I guilty of larceny?

Answer 5

Yes. Once there is combo of movement or intent, I am guilty of larceny, doesn’t matter what
happens afterwards

Question 6

continuing trespass exception

Answer 6

weird hypo that says I took something not wanting to steal it– I took it to borrow it, without your permission, like a wrongful taking – later, I decide to
steal it, that will technically be called LARCENY

Question 7

BURGLARY:

Answer 7

breaking and entering the dwelling house of another at nighttime with the intent to commit a felony;
any enlarg

Question 8

breaking into a gas station, or office? burglary?

Answer 8

nope, not a dwelling house unless someone lives there

Question 9

own home? burglary?

Answer 9

nope, can’t burglarize your own home

Question 10

if I did NOT want to commit the felony at the moment I broke in, then

Answer 10

It’s NOT burglary

Question 11

IF BREAKING IN occurs by fraud or force –

put a gun to your head to get me in to your house

Answer 11

I can also be guilty of burglary even if I did not pick the lock.

Question 12

Robbery:

Answer 12

trespassory taking of personal prop of another by force, intimidation or fear.

Question 13

if I run up behind you at the mall, and I grab your purse and I run away, and as you turn and you
see me with a knife

Answer 13

NOT robbery; you didn’t know that I had a knife

Question 14

For robbery – HOW did I get it?

Answer 14

Because of fear, intimidation or force.

Question 15

can you be guilty of both larceny and robbery?

Answer 15

nope! Larceny merges into robbery.

Question 16

ASSAULT – two types

Answer 16

(1) intent to commit a battery

(2) intent to place another in imminent fear or harm – some conduct needed, words not enough

Question 17

Larceny by Trick:

Answer 17

I obtain possession of your prop by a FALSE statement/lie. I lie to you and because of it, you gave
it to me.
rmr, you have POSSESSION

Question 18

False Pretenses:

Answer 18

I obtain TITLE of your stuff.

Question 19

how will I know I have title?

Answer 19

piece of paper referring to ownership, but other commonly tested way
is money– a fraudulent sale, fake transaction, sell you a fake rolex, some kind of transaction for
money, if I get cash for you for the lie,

Question 20

when in doubt, unless you see in facts that refers to title or a transaction, it’s

Answer 20

larceny by trick

Question 21

Embezzlement: – how did I get it?

Answer 21

you gave it to me

Question 22

Embezzlement - def

Answer 22

you GAVE me LAWFUL possession

then I converted it to my own use

Question 23

go to the pawnshop and give him a ring, he’s supposed to hold it for x period of time;
converted it for himself – key is, how did he get your stuff?

Answer 23

gave it to him lawfully

Question 24

RECEIVING STOLEN PROP:

Answer 24

(a) physical possession of stolen prop

(b) know it’s stolen and intent to keep it

Question 25

Forgery:

Answer 25

fradulently making a false doc (money?)
that has legal significance (sometimes this element is tested–must have worth by itself)
and the intent to make wrongful use of it

Question 26

Accomplice Liab:

Answer 26

basic def –
the intent to achieve the crime and we aid,
abet or encourage someone in the accomplishing of the crime. (ex: drive you to bank, stand
outside and be a guard)

If you actually commit the robbery, or burglary, then jon will be guilty of that crime itself; if you’re a
driver, youre still guilty even if you never step foot into bank.

Question 27

exception: accessory before the fact

Answer 27

help you aid or abet, but not present at scene of the crime – NOT
present at scene (not driving, not guard) so maybe a hacker etc, you’re an accessory before the
fact – won’t be guilty of the underlying crime

Question 28

accessory after the fact:

Answer 28

a felony is completed
I know that the crime has been completed
and I give help to you to prevent you from getting caught or convicted (helping you get away with
it)

Question 29

General Intent Crime:

Answer 29

no mental state necessary, all I need is the act; never pick an answer
worried about inten

Question 30

BATTERY:

Answer 30

unlawful application of force
to another person
(general intent: contact)

Question 31

how to keep tort batt and crim batt separate?

Answer 31

tort v crim law – liable for damages: doing tort; charged or arrested for battery etc: then criminal
law

Question 32

Arson:

Answer 32

malicious (reckless = knew or should’ve known the burning could occur)
burning
of the dwelling of another

*prop doesn’t have to burn to the ground; charring is enough.

Question 33

Can I burn my own house for arson?

Answer 33

nope, it’s the dwelling of another

Question 34

RAPE:

Answer 34

General intent (no intent necessary)
unlawful sexual intercourse by a male with a female without consent

Question 35

Kidnapping:

Answer 35

unlawful restraint of a person’s freedom by force; statute now allow movement to another location
no specific intent is necessary

Question 36

invol and vol manslaughter are what type of crimes?

Answer 36

general intent