Property Crimes

Question 1

Larceny

Answer 1

1-rule-common law larceny requires a wrongful taking, a carrying away of property of another by trespass with intent to permanently deprive
2-notes on common law rule:
a. slightest movement of the property is enough for purposes of bar exam
b.intent to deprive the owner permanently must exist at the time of the taking or it is not common law larceny–BUT if a person takes property not intending to steal it, but then later decides to keep the property, she can be guilty of larceny under the theory of continuing trespass
c. taking property in the belief it’s yours is NOT common law larceny

Question 2

Embezzlement

Answer 2

1-rule-fraudulent conversion of property of another
2-notes for MBE
a. embezzler always has lawful possession followed by illegal conversion
b. trustee is often the MBE embezzler
c. you don’t have to carry away to be an embezzler–just lawful possession
d. embezzler doesn’t have to get the benefit

Question 3

False Pretenses

Answer 3

1-rule-defendant persuades the owner of property to convey title by false pretense
2-notes for MBE
a. it’s the conveyance of title that is the center of false pretenses
b. this false representation could be as to present or past fact
c. a false promise to do something in the future cannot ground liability for false pretenses
3-larceny by trick distinguished: if only possession of the property is obtained, the offense is larceny by trick–if title is obtained, the offense is false pretenses

Question 4

Robbery

Answer 4

1-rule-taking of personal property of another from the other person’s presence, by force or threat with the intent to permanently deprive him of it
2-notes for MBE
a. the presence requirement is very broadly drawn–and would even cover a farmer tied up in his barn and taking things from his house
b. as for taking either by force or threat, things such as ripping a necklace from a person’s neck is sufficient
c. the threat must be a threat of imminent harm

Question 5

Extortion

Answer 5

1-rule-knowingly seeking to obtain property or services by means of a future threat
2-differences between extortion and robbery:
a. don’t have to take anything from the person or his presence to be extortion
b. threats are of future harm–not imminent harm

Question 6

Forgery

Answer 6

1-rule-the making or altering of a false writing w/ intent to defraud
2-NOTE-any writing that has apparent legal significance is subject to the crime of forgery