Property Crimes Flashcards
LARCENY (CL)
What are the 3 elements of CL larceny?
MENTAL STATE = SPECIFIC INTENT
ELEMENTS of Larceny =
Thieves Took Carmen's Purse And Isac's Portfolio T-----------T------C------------P-------A-----I--------P Trespassory Taking and Carrying Away the Personal Property of Another, with the Intent to Permanently Retain the property
1) Trespassory taking and carrying away (T-T-C);
The property must be wrongfully/unlawfully MOVED
(i.e. “asportation” rqmt)
2) the personal property of another (P-A);
→ 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 permanently retain the property (steal) (I-P)
→ 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 TRESPASS” = LARCENY
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)
EMBEZZLEMENT (CL)
What are the 3 elements ofCL embezzlement?
MENTAL STATE = SPECIFIC INTENT (intent to defraud)
ELEMENTS of 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
→ NOTE: Possession requires more than mere custody. It requires the authority to exercise some discretion over the property
→ 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. rqd mental state) NOTE: if the ∆ intends to give the EXACT property back in the EXACT form, he does NOT have the intent to defraud
FALSE PRETENSES (CL)
What are the 3 elements ofCL false pretenses?
MENTAL STATE = SPECIFIC INTENT
ELEMENTS of 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;
NOTE: 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)
ROBBERY (CL)
What are the 3 elements of CL robbery?
MENTAL STATE = SPECIFIC INTENT (intent to steal)
ELEMENTS of Robbery = Larceny + 2
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)
Note: Threats need to be of IMMEDIATE injury (e.g. “your money or your life”)
Note: Threats of future harm = extortion/blackmail, NOT robbery
FORGERY (CL)
What are the 3 elements of CL forgery?
MENTAL STATE = SPECIFIC INTENT (intent to defraud)
ELEMENTS of Forgery =
1) by MAKING OR ALTERING a WRITING;
2) so that it is false
NOTE: Signing a check of another w/their name completes the forgery BUT check does not have to be signed
NOTE: Cashing the check leads to the additional crime of FALSE PRETENSE
LARCENY (NY)
In NY, what is larceny and its 5 degrees?
MENTAL STATE = INTENTIONALLY
Larceny = Any crime that would be any of the following at common law:
1) Larceny
2) Embezzlement
3) False pretenses
4) Larceny by trick
The 5 degrees of larceny: depends on how much the property is worth
1) 1st degree is >$1MM
2) 2nd degree is >$50k
3) 3rd degree is >$3k
4) 4th degree is >$1k
5) Petit larceny is LESSER AMOUNTS
ROBBERY
In NY, what is 2d degree robbery (as well as 1st and 3d degrees)?
MENTAL STATE = INTENTIONALLY
- ———– 2nd 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(add a gun, add a deg)
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:
Force can be established by the threatened use of immediate physical force upon another (e.g. impersonating a cop so disobedience of victim implied to result in some sort of force by ∆ towards him)
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 murder
BURGLARY (CL)
What are the 3 elements of CL burglary?
NOTE MODERN STATUTORY CHANGES
MENTAL STATE = INTENTIONALLY
ELEMENTS of 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 or ajar door )
→ Constructive “breaking” = when entry is gained thru fraud, threats OR intimidation
→ “Entry” = means SOME part of the ∆’s body must enter the bldg (e.g. gardener’s finger tips)
2) into the dwelling of another at night;
→ “Dwelling” = structure where someone regularly sleeps
→ You cannot burglarize your own house
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)
———— STATUTORY CHANGES
Many states have eliminated the technical rqmts of “breaking,” “dwelling,” and “nighttime” elements
BURGLARY (NY)
In NY, what is 3d degree burglary (as well as 1st and 2d degrees)?
- ———- 3rd 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) 3d degree burglary + ∆ 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
ARSON (CL)
What are 2 elements of CL arson?
Note: Statutory Developments
MENTAL STATE = MALICE
ELEMENTS of Arson =
1) the malicious burning;
Malice = intentional burning OR reckless disregard of a substantial and unjustifiable harm
“Burning” reqs material wasting (“scorching” is not enough, must at least char the fiber) of the bldg (structure, porch, etc) (must be actual bldg that burns and not just carpeting, for example)
2) of a dwelling of another
———— STATUTORY CHANGES
NOTE: Most jx have changed dwelling to “bldg”
Note: Most states have eliminated the constraint that a person could not commit arson of their own property
ARSON (NY)
In NY, what are the 4 degrees of arson?
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 know someone was inside the bldg
1st degree = 2d degree arson + explosive/incendiary device
POSSESSORY OFFENSES (CL)
What are 2 CL possessory offenses and their elements?
MENTAL STATE = KNOWLEDGE (of the possession AND of the character of the item possessed)
———— 1) POSSESSION OF CONTRABAND = When a statute criminalizes the possession of contraband (e.g. controlled substances, child porn, etc)
“Possession” = CONTROL 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 CONTROL over it (e.g. ∆’s hotel room suffices)
———— 2) Receipt of stolen property:
3 elements…
(i) Receiving possession and cntrl;
(ii) of knowingly stolen personal property
(iii) w/ intent to permanently deprive the owner of his
interest in the property
CRIMINAL POSSESSION OF STOLEN PROPERTY (NY)
In NY, what is the req for criminal possession of stolen property?
ELEMENTS for criminal possession of stolen property:
1) The property must REALLY be stolen at the time ∆ receives it
NOTE: Property that is recovered OR that is used w/ permission is NOT stolen
NOTE: Property used by police in undercover sting operation is not stolen
LARCENY BY TRICK (CL)
What are the 2 elements of CL Larceny by Trick
MENTAL STATE = SPECIFIC INTENT
ELEMENTS of Larceny by Trick:
1) Obtaining CUSTODY (not title) of the personal property of another;
NOTE: if the ∆ ALSO obtains TITLE (NOT just custody), then this is false pretenses
2) as the result of an intentional false stmt;
FIREARM FELONIES (NY)
In NY, what is the req for criminal possession of a firearm?
In NY, what is the req for criminal possession of a weapon?
———— ELEMENTS of Criminal Possession of a Firearm:
Knowingly possessing ANY firearm
MENTAL STATE = KNOWING
- ———– ELEMENTS of Criminal Possession of a Weapon:
(i) Knowing possessing a LOADED firearm;
(ii) with the intent to permanently deprive the owner of his interest in the property
MENTAL STATE = KNOWING + Intent
