Property Crimes

Question 1

Robbery

Answer 1

Taking of another’s personal property by threats or force with the intent to permanently deprive

-Must be imminent
-force must overcome Vic’s resistance
-threat must be to other, his family, or home

Question 2

False Pretenses

Answer 2

Obtaining the title to other’s property via intentional false statement with the intent to defraud

Question 3

Larceny

Answer 3

1. Taking and carrying away of another’s personal property (slightest movement)
2. by trespass (without consent)
3. with the intent to permanently deprive (must have mental state at time property taken)

Question 4

Embezzlement

Answer 4

Fraudulent conversion of another personal property while in legal possession of it.

Question 5

Burglary

Answer 5

1. Breaking and entering of a dwelling
2. At night
3. With the intent to commit a felony

Breaking can be pushing door
Can be constructive breaking (eg. Gain entry by means of fraud, threat, intimidation, or chimney)

Question 6

Modern Burglary differences

Answer 6

1. May be committed during day or night
2. Remaining in structure with intent to commit felony replaces “breaking” element
3. Commercial structures can be burglarized

Question 7

Is factual impossibility a defense to larceny?

Answer 7

No. Not a defense to specific intent crimes.

Ex: Def intents to steal a painting but instead accidentally steals a free photocopy (still guilty)