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Crim Law > Property Crimes > Flashcards

Property Crimes Flashcards

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1
Q

Common Law

Elements of Larceny

A
  1. Trespassory taking and
  2. Carrying away (asportation)
  3. The property of another
  4. With the intent to deprive the possessor of that property permanently

Specific intent crime

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2
Q

Actus Reus - Common Law Larceny

What satisfies “trespassory taking?”

A
  1. Normally without consent
  2. “Larceny by trick” that involves tricking the person into conveying the property thereby making it seem non trepassory
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3
Q

Actus Reus - Common Law Larceny

What satisfies “carrying away?”

A

It needs to be moved, but not far. If someone gets on an unchained bike, it is satisfied. If it is chained up, then “carrying away” cannot be satisfied.

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4
Q

Actus Reus - Common Law Larceny

What constitutes “property of another?”

A
  1. Usually someone else’s property
  2. But can be your own property eg: if car is in towing lot and you sneak in and take it
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5
Q

Mens Rea - Common Law Larceny

How to satisfy this element even if defendant does intend to return the property?

A
  1. If taking deprives the property of all value (intends to return dress after wedding)
  2. Defendant creates substantial risk of loss of property (pawn watch, spend the money gambling, use the winnings to reclaim the watch)
  3. Defendant offers to return the property with conditions attached (“give me $100 and I will give you back your bike)
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6
Q

Actus Reus - Common Law Larceny

What are 2 common exceptions?

A
  1. Joy riding - someone takes property “just for the day” with intent to return
  2. “Claim of right”
    a. D has honest belief (does not need to be reasonable) that the property belongs to them.
    b. D is engaged in a good faith/bona fide attempt to collect a debt
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7
Q

Common Law

Elements of Robbery

A
  1. Taking and
  2. Carrying away
  3. The property of another
  4. With the intent to deprive the possessor of that property permanently
  5. Doing it through the use of force or threat of force against another person

Specific Intent Crime

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8
Q

Actus Reus - Common Law Robbery

How to satisfy “taking” for robbery

A

Victim must be present and property must be taken from the victim or from their immediate control

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9
Q

Actus Reus - Common Law Robbery

How to satisfy element of “use of force or threat of force”

A

Even a minimum amount of force can satisfy this element - any resistance to the taking of property

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10
Q

Mens Rea - Common Law Robbery

How to satisfy the mens rea

A
  1. Normally specific intent
  2. Read the statute - dealt with differently across different jx
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11
Q

Common Law

Elements of Burglary

A
  1. Breaking** and
  2. Entering
  3. The dwelling house
  4. Of another
  5. (at night)***
  6. With the intent to commit a felony therein

Specific Intent Crime

** Some jx have dispensed with this element
*** Many jx have dispensed with this element

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12
Q

Mens Rea - Common Law Burglary

How to satisfy mens rea

A
  1. Show that D broke in with the intent to commit any felony
  2. No need to prove that larceny took place
  3. D must have intent before D entered the dwelling (or even room)

Specific Intent Crime

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13
Q

Common Law

Elements of Embezzlement

A
  1. Fraudulent
  2. Conversion
  3. Of property of another
  4. By a person in lawful possession of that property
  5. Mens Rea
    a. Intent to defraud and
    b. Intent to permanently deprive
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14
Q

Actus Reus - Common Law Embezzlement

How to distinguish “larceny by trick” from embezzlement

A

Did defendant use fraud to gain possession?
1. Yes = “larceny by trick”
2. No = embezzlement

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15
Q

Abandoned, Lost, and Mislaid Property

Definition of Abandoned Property

A

Property to which the owner has relinquished their ownership rights

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16
Q

Abandoned, Lost, and Mislaid Property

Definition of Lost Property

A

Property which the owner has involuntarily parted with because of negligence or other non-voluntary means

17
Q

Abandoned, Lost, and Mislaid Property

Definition of Mislaid Property

A

Property which the owner has voluntarily and intentionally laid down in a place that the owner can get it, but then forgets where it was left - still in the constructive possession of the owner

18
Q

Abandoned, Lost, and Mislaid Property

Which types of property may be the subject of larceny?

A
  1. Lost Property
  2. Mislaid Property
19
Q

Abandoned, Lost, and Mislaid Property

What conditions must be present for lost property to be the subject of larceny?

A
  1. Intent to steal
  2. A clue as to the identity of the owner
20
Q

Abandoned, Lost, and Mislaid Property

What conditions must be present for mislaid property to be the subject of larceny?

A

Finder of mislaid property has no right of intitial possession even if there are no clues as to the identity of the owner.

21
Q

Abandoned, Lost, and Mislaid Property

How to defeat mens rea when dealing with a larceny charge for lost or mislaid property.

A

Show defendant had honest belief that the the property was abandoned or lost without clue as to identity

Crim Law (11 decks)

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