Property Crimes

Question 1

Larceny

Answer 1

A. Definition -

1. taking
2. of another’s person’s property
3. without his consent and
4. with the intent to deprive him of it permanently

B. Elements

Property - tangible personal property, not intangibles (copyright) or real property

Taking - involves any moving of the property, however slight

Consent - must be real, not obtained by force or fraud

Intent - intent to deprive the person of the property permanently

• “Borrowing” property, even without the owner’s consent, is not larceny as long as you intend to return it
• If the property is destroyed in your care, you have not committed larceny (e.g., joyriding)

Note - larceny is a specific intent crime; as long as the D think its his property, however unreasonable, he is not guilty of larceny

C. Embezzlement - D has P’s consent to have the proeprty but permanently converts the property to his own use

D. False Pretenses - D obtains title to someone else’s property by an act of deception

E. MPC - crimes such as larceny, false pretense, and embezzlement are treated as a signle statutory crime of theft

Exam Note - be sure to note whether a question wants you to use the MPC (all the theft crimes are treated equivalently) or common-law definitons (elements analysis above)

Question 2

Ohio - Theft

Answer 2

Combines Multistate larceny, embezzlement, and false pretenses

Requirements:

1. person acts with purpose to deprive the owner of property (or services) and knowingly obtains or extertss control over the property
2. one of the following
   
   1. without the consent of the owner
   2. beyond the consent of the owner
   3. by deception, threat, or intimidation

Question 3

Ohio - Forgery

Answer 3

Requirements

1. defendant, with the intent to defraud, does one of the following

1. forges another person’s writing without the other peron’s authority
2. forges a writing so that it purports to be genuine when it is not
3. fgorges a writing so that it purports to be a copy of an original that never existed
4. forges a writing so that it purports to be executed at a time or place different from the actual time or place or
5. utters or possesses with intent to utter, any writing that the D knows to have been forged

Question 4

Robbery

Answer 4

Definition - robbery = larceny + assault

Requirements:

1. taking
2. another person’s property
3. without his consent
4. with the intent to deprive him of it permanently
5. the taking occurs from the victim’s person or in his presence and
6. accomplished either by physical violence or putting the victim in fear of imminent bodily harm

Extortion - Variation of Robbery - involves threat of future harm (non-physical harm) rather than threats of imminent physical harm

OHIO - broader definiton

Robbery Requirements

1. occurs when a person is attempting, committing, or fleeing from a theft and one of the following

1. he possesses or controls a deadly weapon or
2. inflicts, attempts to inflict, or threatens to inflict physical harm on another, or
3. uses or threatens the immediate use of xx against another

Aggravated Robbery Requirements - same as above but must possess and use, display, or indiciate possession of a deadly weapon

Extortion Requirements - in order to obtain a thing of value or induce another to commit an unlawful act, the accued does one of the following

1. threatens, indirectly or directly, an act of violence
2. engages in conduct constituting menancing
3. makes a threat to make a false and defamatory statement
4. expose or threatn to expose amatter that would subject a person to hatred, riducle, or harm their reputation

Question 5

Burglary

Answer 5

Requirements

1. breaking and
2. entering
3. the dwelling
4. of another
5. at night
6. with specific intent to commit a felony once inside

Relaxed Modern Law Burglary Requirements

1. breaking and
2. entering
3. the property
4. of another
5. with the specific intent to commit a felony inside

Elements

Breaking - can involve pushing openor obtaining entry by fraud or the like; coming in with consent is not breaking

Entering - involves breaking the plane of the dwelling

Dwelling - pace wher ethe people regularly live

Of Another - cannot burglarize yourself

Intent - with the specific intent to commit a felony once inside (typical felony is larceny, but it could be another such as bettery)

Question 6

Ohio - Burglary - List

Answer 6

1. Burglary

2. Aggravated Burglary

3. Breaking and Entering

4. Criminal Trespass

5. Aggravated Criminal Trespass

Question 7

Ohio - Burglary - Burglary

Answer 7

Note - ohio has abolished req of breaking, dwelling, at nighttime

Requirements -

1. with purpose to commit a crininal offense inside
2. person forcefully/secretly/sneakily/deceptively enters into either
   
   1. structure which is occupied at the time, or any portion of a structure that is separately occupied or
   2. an occupied permanent or temporary habitation of another

Note - for any burglary, intended crime need not be theft

Question 8

Ohio - Burglary - Aggravated Burlgary

Answer 8

Requirements -

1. if during the commission of a burgblary, offender

2. inflicts/attempts/or threatens to inflict physical harm on another or

3. the offender has a deadly weapon on or about his person

Question 9

Ohio - Burglary - Breaking and Entering

Answer 9

Requirements -

1. if person by force/stealth/deception trespasses in an
2. unoccupied structure
3. with the intent to commit a theft or felony inside

OR

1. trespass upon land of another with purpose to commit a felony

Question 10

Ohio - Burglary - Criminal Trespass

Answer 10

Requirements -

1. without privilege

2. knowingly enters or reamins on another’s land or premises, and the person knwos that he is violating restrictions set by the owner, or

3. recklessly enters or remains on another’s land or premises if notice against unauthorized access is given by actual communication (e.g., sign or fence) or

4. negligently fails or refuses to le`ave another’s land or premises after notifcation by posted signs or notice from owner

Question 11

Ohio - Burglary - Aggravated Criminal Trespass

Answer 11

Requirements -

1. enters or remains on land of another
2. with the purpose to commit a misdemeanor
3. that involves causing physical harm to another or causing that person to believe that the trespasser will cause physical harm