Property Crimes

Question 1

Larceny

Answer 1

Taking another person’s property without his consent (trespassers) and with the intent to deprive him of it permanently.

Taking involves movement of property, however slight.

Borrowing property is not larceny as long as you intend to give it back. This is true even if it is destroyed in your care; as long as you intended to give it back, it’s not larceny.

Larceny is a specific-intent crime.

Question 2

Embezzlement

Answer 2

A D starts out having the victim’s consent to have the property but commits embezzlement by converting the property to his own use.

Question 3

Robbery

Answer 3

Taking another person’s property without his consent with intent to deprive him of it permanently and the taking occurs from the victim’s person or in his presence either by violence or putting the victim in fear of imminent physical harm.

Larceny + Assault = Robbery

Note: Extortion is a variation of robbery involving threats of future harm (including non-physical harm).

Question 4

Burglary - CL

Answer 4

Breaking and entering the dwelling of another at night with the specific intent to commit a felony once inside.

Question 5

Burglary - Modern Law

Answer 5

Breaking and entering the property of another with the specific intent to commit a felony inside.

Breaking can involving obtaining entry by fraud or pushing open/smashing a door/window.

Dwelling can include homes or commercial buildings.

You CANNOT burglarize yourself.

Need to intend to commit a felony in there.