Property Crimes

Question 1

what the elements of false pretenses? what is the key difference from larceny?

Answer 1

1. obtaining title to property
2. that is not your own
3. in reliance upon false representation of past or present material fact
4. that was made with intent to defraud

Question 2

burglary - “breaking”

Answer 2

breaking need not be a big action

• simply walking in, even if outside the consent is NOT breaking
• no actual “breaking” (e.g., a key) but outside the scope of consent = breaking

Question 3

what are specific intent property crimes? general intent?

Answer 3

GI - arson (malice)

SI - larceny, robbery, burglary

Question 4

if an item is left with another, and that person has intent to permanently drive the other of it, takes, and moves it, larceny?

Answer 4

no - the taking is not trespassory

Question 5

can someone who mistakenly thinks the property is their own commit these property crimes?

Answer 5

no

Question 6

what is larceny?

Answer 6

a. (1) Trespassory (without consent)
b. (2) taking and
c. (3) carrying away of the
d. (4) personal property of another
e. (6) with the intent to permanently (or for an unreasonable length of time) deprive the owner at the time of taking

Question 7

what are the defenses to larceny? is factual impossibility a defense?

Answer 7

1) Intent to return: Δ takes property with intent to return unconditionally w/in reasonable time, UNLESS Δ changes his mind and decides not to return it (“continuing trespass”)
2) Claim of right: Δ takes property as repayment of debt, done openly with explanation
3) Mistake: If honest mistake. Such mistake may be unreasonable
——
fi is NOT a defense

Question 8

what is larceny by trick?

Answer 8

1. Larceny (except owner gives possession)
   2. Accomplished by fraud or deceit;
   That results in the conversion of the property of another

Question 9

what is embezzlement? defenses?

Answer 9

1. Intentional fraudulent conversion or misappropriation (takes title)
   2. of another’s personal property
   3. by one in lawful possession (e.g., entrusted, having custody)

defenses:

• intent to restore the exact same property obtained (not an equivalent property)
• Claim of right: Belief that collecting debt negates intent

Question 10

what is false pretenses? defense?

Answer 10

a. Misrepresentation of material past/present fact (not opinions or future promises)
b. that prompts V
c. to pass title to his property
i. Including of money!
d. to Δ who knows the misrepresentation is false and intends to defraud

DEFENSES: intent to restore same property, claim of right (see above)

Question 11

what is receipt of stolen property? defenses

Answer 11

a. Δ receives possession
b. of stolen personal property,
c. where Δ knew or believed it was stolen by another, (can be inferred)
d. with the intent to deprive the owner of his interest in the property

DEFENSES (negate belief of source): mistake of fact, claim of right (see above)

Question 12

what is robbery? aggravated robbery?

Answer 12

a. Larceny from the person or presence of person (area of V’s control or vicinity)
b. with intent to permanently deprive by force or threat of immediate physical injury or death

–

	ii. Aggravated robbery: Robbery with a deadly weapon (or creation of such belief, e.g., with empty gun)

Question 13

can force in robbery be on relatives, companions or homes?

Answer 13

yes

Question 14

what crimes merge into robbery?

Answer 14

larceny, assault, and battery merge into robbery

Question 15

what is extortion? is claim of right a defense?

Answer 15

a. Obtaining property
b. by threat of harm or exposing information (need not be immediate or in V’s presence)
——-
no

Question 16

what is forgery?

Answer 16

Creating or altering

			2. a false writing 
			3. with apparent legal significance so that it is false, 
			4. with intent to defraud

Question 17

what is burglary at cl? modernly?

Answer 17

1. Breaking and entering
   2. of the dwelling house of another
   3. at nighttime
   with specific intent to commit a felony therein

all structures and at any time

Question 18

what does the intent for burlgary need to arise?

Answer 18

at the time of entry

Question 19

what is arson? what is the malice elemetn?

Answer 19

1) Malicious burning
2) of the dwelling house (modernly, any structure)
possessed by another

Malice = intent to burn the structure or reckless disregard of a high risk that the structure will burn

Question 20

is blackening or scorching sufficient for arons?

Answer 20

no

Question 21

what are the general intent and SI property crimes?

Answer 21

SI:
Larceny
Robbery
Burglary
Forgery
False pretenses
Embezzlement

GI: arson