Property Crimes Flashcards
Larceny def?
A wrongful taking AND carrying away of property by another by trespass with the intent to permanently deprive.
Intent required for larceny?
To permanently deprive
What is missing the this definition of larceny? A wrongful taking of property by another by trespass with the intent to permanently deprive.
Needs to be carried away
When must the intent to deprive the owner permanently (larceny) exist?
At the time of the taking.
If it looks like larceny, but the intent to deprive the owner permanently does not arise until later, then that person can be found guilty of larceny under what theory?
Continuing trespass
Taking property in the belief that it is your (or that you have some right to it) is/isn’t CL larceny.
Isn’t
Is mistake of law a defense to larceny?
No
Embezzlement is . . .
The fraudulent conversion of property of another
An embezzler always begins with what?
Lawful possession
On the MBE, who is often the embezzler?
A trustee
Does embezzlement require asportation?
No
Does an embezzler need to receive the benefit?
No
False pretenses def?
D persuades the owner of property to convey title by false pretenses (misrepresentation)
What is absolutely necessary for false pretenses?
Conveyance of TITLE
A false representation in the false pretenses context must concern a ____ or _____ fact, and NOT a _____ fact
Past or present
Future
If only possession and not title is obtained my misrepresentation, it is not false pretenses but is instead . . .
Larceny by Trick
Definition of robbery?
Taking another’s personal property FROM that person’s presence by force or threat with the intent to permanently deprive.
Specific intent of robbery?
Intent to permanently deprive
What is missing from this definition of robbery? Taking another’s personal property by force or threat with the intent to permanently deprive.
Must be from that person’s presence
The requirement that robbery includes taking property from a person’s presence is very broadly/narrowly drawn.
Broadly.
If robbery is by threat, it must be one of what sort of harm?
Imminent
Can using a fake gun constitute robbery?
Yes
Can simulating a deadly weapon (hands pointed in pocket) constitute robbery?
Yes
What is extortion?
Knowingly seeking to obtain property or services by means of a future threat
