Property Crimes

Question 1

CL Larceny

Answer 1

Wrongful (trespassory) taking and carrying away of personal property in the possession of another person, without consent, with the intent to convert it or deprive the possessor of the
property permanently.

Larceny can only be committed by the acquisition of personal property “capable of being
possessed and of some value.”

Traditionally, obtaining services wrongfully is not larceny
Intangibles cannot give rise to larceny

Documents and instruments—unless they have monetary value in themselves, can’t be subject to larceny

Question 2

Embezzlement

Answer 2

Fraudulently converting property of another person while in lawful possession of that property - affirmatively entrusted

Question 3

False Pretenses

Answer 3

Knowingly misrepresenting material facts to defraud another person into giving him or her title to
that person’s property.

Question 4

Larceny by Trick

Answer 4

Gaining possession of, but not title to, property by means of fraud or false pretenses. Needed
proof of intent to act fraudulently from the beginning when the property taken.

If only custody—not title—then is larceny by trick (and not false pretenses).

Question 5

Receiving Stolen Property

Answer 5

Gaining control over property knowing that it was stolen, intending to deprive the owner of his or
her interest in it permanently—did not apply if the property not actually stolen (but if the person
believed it to be stolen, likely guilty of attempted receipt of stolen property).

Question 6

MPC and Receiving stolen property

Answer 6

MPC expands this offense to apply if the defendant believed that the property was probably
stolen.

Includes a presumption that person knew property was stolen if:
Found in possession of property stolen from two or more people on separate occasions;

Received stolen property in another transaction within the last year; or
Is a dealer in the property of this sort and knows he is getting it for far less than the reasonable value.

Question 7

Robbery

Answer 7

Wrongful taking and carrying away of personal property in the possession of another person,
through the use or threat of violence or force, with the intent to convert it or deprive the
possessor of the property permanently.

Question 8

Robbery MPC

Answer 8

MPC does not require “in the presence of the victim if in the course of committing a theft if the actor inflicts serious bodily injury upon another or threatens another with or purposely puts him in fear of immediate serious bodily injury or commits or threatens immediately to commit any felony of the first or second degree.”

Question 9

Carjacking

Answer 9

Aggravated form of robbery—a robbery where the victim’s car is taken by force or fear

Question 10

Burglary

Answer 10

Breaking and entering into another person’s dwelling at night with the specific intent to commit a
felony inside.
“Breaking” is required, but that can be minimal. (E.g., p

Question 11

MPC Burglary

Answer 11

MPC requires that a person enter a building or occupied structure with the purpose to commit a
crime therein, unless the premises are at the time open to the public or the actor is licensed or
privileged to enter.

Modern statutes distinguish between residential and commercial burglary with residential
burglary carrying heavier penalties.