Property Crimes Flashcards
Common law:
Larceny
*specific intent crime
Larceny =
- 1) Trespassory
- wrongful or unlawful
- 2) taking and carrying away;
- The property must be MOVED (i.e. “asportation”)
- 3) 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 if he owns the property & someone else had lawful custody
- 4) with the intent 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
- Continuing tresspass rule: f 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)
CL embezzlement?
*specific intent
Embezzlement =
- 1) the conversion of personal property of another;
- 2) by a person ALREADY in lawful possession of that property;
- = more than custody; must have authority to exercise discretion over the prop’y
- 2) with the intent to defraud
- *if D intends to give back in same form, will not meet
Cf. larceny: D must ALREADY have lawful possession of the property b4 a taking can be considered embezzlement
Cf. false pretenses: here D already has RIGHTFUL possession (there is no inducement by a false stmt like with false pretenses OR larceny by trick)
What are the 3 elements of CL 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;
- 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)
CL:
Robbery
(specific intent)
Robbery =
- 1) a larceny;
- 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/blackmai_l, NOT robbery
- “Force” = ANY amt of force that is sufficient to overcome victim’s resistance
What are the 3 elements of CL forgery?
(Specific intent)
Forgery =
- 1) ∆ acts with the specific intent to defraud;
- 2) by making OR altering a WRITING;
- 3) so that it is false
(note- forging sig on check is forgery alone; cashing is false pretenses)
NY:
“Larceny”
Larceny = Any crime that would be any of the following at common law:
- 1) Larceny
- 2) Embezzlement
- 3) False pretenses
- 4) Larceny by trick
In NY, larceny:
5 degrees?
- 5 degrees of larceny: depends on how much property is worth
-
1) 1st is >$1MM
- 2) 2d is >$50k OR extortion by fear of
- physical injury
- damage to property
- D’s abuse of power as public servant
- * 3) 3d is >$3k OR atm contents
- 4) 4th is >$1k
- 5) Petit larceny is $1000 or less
- 2) 2d is >$50k OR extortion by fear of
-
1) 1st is >$1MM
Valued at:
- market price
- if in store- retail price
- if cannot ascertain- < $250
NY
Robbery
(1st, 2d, 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;
- (iii) threaten w/immediate force (eg weapon)
- 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
NOTE: If the victim is ACCIDENTALLY killed, then it’s 2d degree felony murder If the victim is INTENTIONALLY killed, then it’s 1st degree felony burder
Common law:
Burglary
& common statutroy reform
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
- “Dwelling” = structure where someone regularly sleeps
- 3) at night;
- 4) with the specific intent to commit a felony therein
- Rob, steal, rape, assault, kill, etc NOTE: doesn’t matter if you ULTIMATELY complete the offense (forming intent alone is enough)
(Common statutory reforms: eliminate nighttime, dwelling, and breaking elements)
NY:
Burglary
(1st, 2d, 3d degrees)
3d degree burglary =
- 1) knowingly e_ntering or remaining_;
- 2) in a bldg unlawfully;
- 3) with the s_pecific 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 D carries a weapon (not loaded) ———–
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 (loaded)
(defense- down a degree if weapon not loaded)
Common law:
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”
- eliminated “of another” req
*
- Most jx have:
New York:
Arson
(1st, 2nd, 3d, 4th)
4th degree = reckless burning of a bldg
**3d degree = intentional burning of a bldg
2d degree = 3d degree arson + ∆ knows/should know someone was inside the bldg
1st degree = 2d degree arson + explosive/incendiary device
Common law:
Possession of Contraband
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
- OR “Constructive possession” = the contraband need not be in the D’s ACTUAL possession, so long as it is close enough for him to exercise dominion and cntrl over it
New YOrk:
Criminal Possession of Firearm
Criminal Possession of Weapon
Criminal Possession of firearm:
- i) knowingly
- ii) possessing any firearm
Criminal possession of weapon:
- i) knowingly possess
- ii) a loaded firearm
- iii) either:
- outside ones home/place of business
- OR with intent to use it unlawfully against another
Common law:
Receipt of Stolen Property
Receipt of stolen property:
- i) Receiving possession and cntrl;
- ii) of known stolen personal property
- iii) w/ intent to permanently deprive the owner of his interest in the property
