Property Crimes

Question 1

Larceny

Answer 1

(i) trespassory
(ii) taking and carrying away
(iii) of the personal property of another
(iv) with the intent to permanently deprive that person of the property

** applies even if for VERY brief time**

Question 2

Larceny by trick

Answer 2

1. Larceny;
2. Accomplished by fraud or deceit;
3. That results in the conversion of the property of another.

Question 3

Forgery

Answer 3

1. Making;
2. Of a false writing;
3. With apparent legal significance; and
4. With the intent to defraud

Question 4

Embezzlement

Answer 4

1. Fraudulent;
2. Conversion;
3. Of the property;
4. Of another;
5. By a person who is in lawful possession of the property

The amount of an embezzlement is measured by the value of the property at the time of conversion

Question 5

False Pretenses

Answer 5

1.** Obtaining title** to the property;
2. Of another person;
3. Through the reliance of that person;
4. On a known false representation of a material past or present fact; and
5. The representation is made with the intent to defraud.

Dist from larceny in that the title is obtained, not just possession

Question 6

Robbery

Answer 6

1. Larceny;
2. From the person or presence of the victim;
3. By force or intimidation

= larceny + assault

Question 7

Extortion

Answer 7

The taking of money or property from another by threat
* Making the threat (not obtaining the property) is the essence of the crime (majority
view)
* The threat need not be of immediate harm or of a physical nature
* The property need not be on the victim or in his presence

Question 7

Burglary (common law)

Answer 7

1. Breaking and;
2. Entering;
3. Of the dwelling;
4. Of another;
5. At nighttime;
6. With the specific intent to commit a felony therein.

Look for sunlight!!

**a breaking can still occur after a defendant enters a dwelling with consent if the defendant subsequently enters part of the dwelling structure (eg, opening a closet door or wall safe) without consent. BUTTT merely opening an object within a dwelling (eg, desk drawer, trunk, box) is not a breaking.

Question 8

Arson (CL)

Answer 8

1. Malicious;
2. Burning;
3. Of the dwelling;
4. Of another.

Note: The MBE has not always been consistent with regard to this definition.
==> The MPC includes any intentional fire/explosion intended to destroy a building or occupied structure, or destroying/damaging property to collect insurance

Question 9

Possession Offenses

Answer 9

1. D exercises dominion and control over a prohibited object or substance
2. D is not required to be aware that possession of the object is illegal
3. Duration of possession—must be for a period long enough to have provided D with an opportunity to cease such dominion and control

Question 10

Receipt of stolen property

Answer 10

1. Receiving control of stolen property;
2. Knowledge that the property is stolen; and
3. Intent to permanently deprive the owner of the property.

Question 11

MPC Theft

Answer 11

Under the Model Penal Code and state criminal codes, the theft of property includes the unlawful taking of anything of value—eg, intangibles, services, and documents. ==> This expands the common law definition, where only tangible personal property can be the subject of a theft crime.

Question 12

Conversion

Answer 12

Intentional & substantial intereference w another’s property

==> In the event of a conversion, the plaintiff can recover the ** fair market value of the chattel at the time of the conversion.**

A conversion remains fraudulent even if the defendant intends to replace the converted property with similar property of equal or greater value.