Property Crimes Flashcards
What are the elements of CL larceny?
Larceny =
1) Trespassory taking and carrying away; The property must be wrongfully/unlawfully MOVED (i.e. “asportation”)
2) The personal property of another; Turns on who had lawful custody If ∆ has lawful custody of the property, then he CANNOT be guilty of larceny; BUT ∆ CAN be guilty of larceny, EVEN IF he owns the property, if someone else had lawful custody
3) With the specificintent to permamently retain the property (steal)
If ∆ intends to give the property BACK, then it’s not larceny
The Erroneous Takings Rule: A taking under a claim of right is NEVER larceny, EVEN IF the ∆ erroneously believes the property is his
Continuous Trespass: if a ∆ wrongfully takes property, but w/o the intent to steal, he will NOT be guilty of larceny; BUT, if the ∆ LATER forms the intent to steal, the initial trespassory taking is considered to have “continued” and he WILL be guilty of larceny (i.e. an EXCEPTION to the concurrence principle)
What are the 3 elements ofCL embezzlement?
Embezzlement =
1) the conversion of personal property of another;
2) by a person ALREADY in lawful possession of that property;
Cf. w/ larceny: here the ∆ must ALREADY have lawful possession of the property b4 a taking can be considered embezzlement Cf. w/ false pretenses: here ∆ already has RIGHTFUL possession (there is no inducement by a false stmt like with false pretenses OR larceny by trick)
3) w/ the specificintent to defraud (i.e. req’d mental state)
NOTE: if the ∆ intends to give the EXACT property back in the EXACT form, he does NOT have the intent to defraud
What are the 3 elements ofCL false pretenses?
False pretenses =
1) Obtaining title to the personal property of another;
NOTE: if the ∆ ONLY obtains custody (NOT title), then this is larceny by trick (NOT false pretenses)
NOTE: if CASH is tnfr’d w/o any limitations, then this IS obtaining title!
2) by an intentional false stmt;
False stmt must be of a present or past event NOT a future promise (i.e. “If you give me your cell phone, I will give you $100 cash tmrw”)
3) with the specific intent to defraud (i.e. req’d mental state)
What are the 3 elements of CL robbery?
Robbery =
1) a larceny (REVIEW!);
REMEMBER: since larceny is a specific intent crime, so is robbery
2) from another’s person or presence; “Presence” = some location reasonably close to the victim (e.g. rooms in the house other than the room in which the victim is located)
3) by force OR threat of immediate injury “Force” = ANY amt of force that is sufficient to overcome victim’s resistance (e.g. chain snatching; BUT NOT pick pocketing b/c of no resistance)
Threats need to be of IMMEDIATE injury (e.g. “your money or your life”) Threats of future harm = extortion/blackmail, NOT robbery
What are the 3 elements of CL forgery?
Forgery =
1) ∆ acts with the specific intent to defraud; 2) by making OR altering a WRITING;
3) so that it is false
Note: don’t need to use the forgery to be guilty, if you do could commit false pretenses as well (e.g. cashing forged check)
In NY, what is larceny and its 5 degrees?
Larceny = Any crime that would be any of the following at common law: 1) Larceny, 2) Embezzlement, 3) False pretenses, 4) Larceny by trick
Degrees of larceny: depends on how much property is worth
1) 1st is >$1MM
2) 2d is >$50k
3) 3d is >$3k
4) 4th is >$1k
5) Petit larceny is <$1k
In NY, what is 2d degree robbery (as well as 1st and 3d degrees)?
2d degree robbery =
1) Forcible stealing; AND
2) One of the following: (i) ∆ is aided by another who’s actually present; (ii) victim is injured; OR (iii) a car is stolen (carjacking)
1st degree robbery =
1) Forcible stealing; AND
2) One of the following: (i) victim is seriously injured; OR (ii) ∆ uses OR displays a firearm NOTE: if ∆ can prove that gun was unloaded then it’s an AFFIRMATIVE defense that kicks it down to 2d degree robbery
3d degree robbery = Forcible stealing
What are the 3 elements of CL burglary?
Burglary =
1) Breaking and entering;
“Breaking” = creating/enlarging an opening by at least minimal force (e.g. opening a window/door; NOT entering an already open window) Constructive “breaking” = when entry is gained thru fraud, threats OR intimidation “Entry” = means SOME part of the ∆’s body must enter the bldg
2) into the dwelling of another at night; “Dwelling” = structure where someone regularly sleeps
3) with the specific intent to commit a felony inside
Intent to rob, steal, rape, assault, kill, etc NOTE: doesn’t matter if you ULTIMATELY complete the offense (forming intent alone is enough)
In NY, what is 3d degree burglary (as well as 1st and 2d degrees)?
3d degree burglary =
1) entering or remaining;
2) in a bldg unlawfully;
3) with the specific intent to commit a crime inside (ANY crime, not just felonies)
NOTE: NO reqs re: “breaking”, “dwelling” or “nighttime”
2d degree burglary =
1) 3d degree burglary; AND
2) one of the following: (i) the bldg is a dwelling; (ii) a non-participant is injured; OR (iii) the ∆ carries a weapon
1st degree burglary =
1) ∆ KNOWS that he is burglarizing a dwelling; AND
2) one of the following: (i) a non-participant is injured; OR (ii) the ∆ carries a weapon
NOTE: knowledge re dwelling element kicks it up from second degree to first
What are elements of CL arson?
Arson =
1) the malicious;
Malice = intentional burning OR reckless disregard of a substantial and unjustifiable harm
2) burning
“Burning” reqs material wasting (“scorching” is not enough) of the bldg (structure, porch, etc)
3) of a dwelling of another
Most jx have changed dwelling to “bldg”
In NY, what are the 4 degrees of arson?
4th degree = reckless burning of a bldg
3d degree = intentional burning of a bldg
2d degree = 3d degree arson + ∆ knows/should have known someone was inside the bldg
1st degree = 2d degree arson + explosive/incendiary device
What are 2 CL possessory offenses and their elements?
1) Possession of contraband (e.g. controlled substances, child porn, etc) “Possession” = cntrl for a pd of time long enough to have an opportunity to terminate possession
“Constructive possession” = the contraband need not be in the ∆’s ACTUAL possession, so long as it is close enough for him to exercise dominion and cntrl over it
Mental state: knowledge of the possession and of the character the item possessed
2) Receipt of stolen property: 3 elements… Receiving possession and cntrl; of knowingly stolen personal property w/ intent to permanently deprive the owner of his interest in the property
In NY, what is the req for criminal possession of stolen property?
The property must REALLY be stolen
Property that is recovered OR that is used w/ permission is NOT stolen
What are the modern statutory changes to burglary?
Most states have eliminated the technical requirements, including the “breaking”, “dwelling” and “nighttime” elements
In NY what are the firearm felonies?
Criminal Possession of a Firearm: knowingly possessing any firearm
Criminal Possession of a Weapon: knowingly possessing a loaded firearm either
(i) outside one’s home or place of business; or
(ii) with the intent to use it unlawfully against another
