Property crimes

Question 1

Larceny definition

Answer 1

• trespassory taking (w/o permission or consent)
• carrying away (asporation)
• of property of another
• with intent to permanently deprive (specific intent)

*property must be taken from possession of another; if D already had possession, may be embezzlement instead

Question 2

How much movement is enough to constitute larceny?

Answer 2

slightest movement is enough

Question 3

For larceny, when must intent to permanently deprive exist?

Answer 3

At time of taking

BUT if person takes prop not intending to steal it, but later decides to keep it, can be guilty of larceny under theory of continuous trespass

Question 4

When is intent insufficient for larceny?

Answer 4

belief the property is yours, want to borrow it, keep as debt repayment

Question 5

Embezzlement definition

Answer 5

• fraudulent conversion / misappropriation
• of personal property of another
• by person in lawful possession (e.g. trustee)
• w/ specific intent to defraud

POSSESSION

note: embezzler doesn’t have to get benefit

Question 6

Embezzlement: What if you intend to restore the exact property?

Answer 6

It’s NOT embezzlement (taking money is always embezzlement)

Question 7

False pretenses

Answer 7

• D persuades owner of personal property
• to convey TITLE
• by false pretenses (lie, deceit, false statement as to present or past fact)
• w/ specific intent to defraud

note: when cash transferred w/o limitation, TITLE

Question 8

False promise to do something in the future - enough for false pretense?

Answer 8

NO

Question 9

What if only possession, not title, is obtained by false representation?

Answer 9

larceny by trick

if title obtained, false pretenses

Question 10

Robbery

Answer 10

• Taking of personal property of another
• from the other person’s presence
• by force or threat of imminent death or physical injury to victim, family or someone in victim’s presence
• w/ specific intent to permanently deprive him of it

Vic must give up B/C feels threatened (if not, attempted robbery)

Question 11

Robbery vs. larceny

Answer 11

robbery = force or threat

larceny = taking from possession, but don’t need force (can be pickpocket)

Question 12

Extortion/blackmail

Answer 12

Knowingly seeking to obtain property or services by means of a future threat (to do harm or expose info)

Question 13

Extortion vs. robbery

Answer 13

extortion = don’t have to take from person or presence; threats of future harm

robbery = must take from person; threats of imminent harm

Question 14

Forgery

Answer 14

The making or altering of a false writing (representing it’s something it’s not, e.g. a fake receipt) w/ specific intent to defraud

Question 15

Larceny by trick

Answer 15

victim consents to D taking POSSESSION of property, but consent gained by misrepresentation or fraud

(unlike regular larceny, where there is NO consent)

Question 16

possession crimes vs. title crimes

Answer 16

possession:

• larceny
• larceny by trick
• embezzlement

title: false pretenses

Question 17

When cash is transferred w/o any limitations, is it title or possession?

Answer 17

TITLE

False pretenses

Question 18

How do you know whether title or possession was conveyed?

Answer 18

Depends on what victim intended to convey