Property Crimes

Question 1

Elements of Larceny:

Answer 1

(1) trespassory taking and carrying away; (2) of another’s property; (3) with intent to permanently deprive

Question 2

Continuing trespass larceny:

Answer 2

D wrongfully takes another’s property with intent to return it, but then decides to keep it= D is guilty of larceny

Question 3

Elements of Embezzlement:

Answer 3

(1) fraudulent conversion; (2) of another’s personal property; (3) by someone in lawful possession

Question 4

Elements of False Pretense

Answer 4

(1) obtain title; (2) to another’s personal property; (3) using misrepresentation; (4) with intent to defraud

Question 5

Larceny by trick:

Answer 5

(1) obtaining possession; (2) of another’s property; (3) using misrepresentation

Question 6

Robbery:

Answer 6

(1) taking; (2) of personal property of another; (3) from the other’s person/ presence; (4) by force or threats of physical injury; (5) with intent to permanently deprive

Question 7

Receipt of stolen property:

Answer 7

(1) obtain possession; (2) of stolen personal property; (3) known to have been obtained in a criminal way; (4) with intent to permanently deprive owner
- the property must be stolen at the time the defendant receives it

Question 8

Elements of Burglary:

Answer 8

(1) breaking; (2) and entering; (3) of a dwelling; (4) of another; (5) at night; (6) with the intent to commit a felony therein

Question 9

Elements of Arson:

Answer 9

(1) malicious; (2) burning; (3) of the dwelling; (4) of another

Question 10

What is the malice requirement for arson?

Answer 10

It is sufficient to act with reckless disregard of a risk that a structure will burn

Question 11

Is damage required for a defendant to be guilty of arson?

Answer 11

Significant damage is not required, mere charring of the building is sufficient

Question 12

When does a defendant act with malice?

Answer 12

acting with reckless disregard of a known high probability of risk; acting with knowledge that an injury might occur