Page 26 Flashcards
If you pawn property with intent to redeem it, and return it to its rightful owner, what kind of things have to be taken into consideration to decide if that satisfies the intent to permanently deprive for larceny?
The time period, how much the item was pledged for, defendant’s financial ability to redeem it, etc.
If you pawn an item, or you hold it ransom, does that count as intent to permanently deprive for larceny?
Yes
If D takes property intending to pay for it later or replace it, that may negate what?
Intent to permanently deprive, but only if the property is a fungible item
What is a fungible item?
Something that is readily replaceable
What is an example of a fungible item?
A can of Coke
If you steal a can of Coke, intending to replace it, has a larceny occurred?
No, because it was a fungible item and there was no intent to permanently deprive
If you steal a can of Coke, intending to replace it, but you never do buy another bottle, was that a larceny?
No, because a can of Coke is a fungible item and all that matters is the intent at the time of the taking
If you steal a can of Coke, but leave money to replace it, has a larceny occurred?
No because intent to steal was negated since the Coke is a readily replaceable item and as long as you intend to replace the item and it is one that is substantially the same, no larceny has taken place
If you take a Monet painting and replace it with a hand-painted one, has a larceny occurred?
Yes, because if you’re going to replace an item, it must be with one that is substantially the same
If at the time of the taking, defendant has a good faith belief he’s entitled to possession, even if it was incorrect and unreasonable, has there been intent to permanently deprive?
No
If you take property with intent to return it, you aren’t guilty, but the intent must be what?
- to return the property unconditionally
- and within a reasonable time
If you take property with the intent to later replace it with something that is equivalent but different, is that a defense to larceny?
No
If you intend to sell a boat that you stole, make money on it from a drug deal, repurchase it, and return it, would you be guilty of larceny?
Yes, because you intended to deprive since intending to repurchase something after a drug deal means you had no control over what was done with the boat, the likelihood of success was very low, so you lost a substantial ability to return the property
If you honestly but mistakenly believe property is your own, or that you have permission to take it, why is that not a larceny?
Because you lack intent to steal
If you steal something, and then later feel guilty and give it back, can that negate a larceny?
No
Must you intend to return stolen property to the exact spot you took it from?
No, so long as it near enough that the owner is substantially certain to find it or get it back
What is modern law larceny?
It is called grand theft
When can you take another’s property in an attempt to collect a debt owed to you?
So long as the property value doesn’t exceed the debt
What is the MPC defense to larceny called honest claim of right?
It isn’t larceny to take property that you believe you are entitled to
What is the value of property for larceny?
Market value at the time and place it was stolen
In a situation where two people both have an interest in property, what are the two approaches to misappropriating property you co-own?
- CL: you can’t be guilty of larceny from your spouse
- Modernly: larceny convictions for spouses are upheld and MPC says that misappropriating anything that is available to both spouses is theft if it happens after the parties no longer live together
What is constructive possession?
The true owner of goods maintains this while his goods are temporarily in the care of another
If a true owner loses or misplaces property, even though it isn’t in his possession, he’s considered to have what?
Constructive possession, so if someone finds it and sees ear markings of ownership, then misappropriates it, they are guilty of larceny
