Property Crimes Flashcards
What are the three steps to analyzing theft crimes?
Step 1: Identify how the defendant obtained the property:
a. Trespass
b. Delivery
or
c. Trick
Step 2: Determine whether the defendant acquired:
a. Custody
b. Possession
or
c. Title to the property
Step 3: Evaluate whether the defendant formed the intent to permanently deprive (steal) the property at some time while still in unlawful possession of the property
What is the effect if a defendant never forms the intent to permanently deprive a person of property they take?
The defendant cannot be guilty of any form of theft offense
What intent is required for all theft offenses?
Intent to permanently deprive
What are the elements of larceny?
- Unlawful taking of property
- In someone else’s possession
And
- Intent to permanently deprive
What are the elements of embezzlement?
- The defendant lawfully had property entrusted to their posession
- The defendant unlawfully converts the property to a non-entrusted use
- The defendant converts the property with the intent to permanently deprive the true owner of the property
What are the elements of theft by false pretenses?
- Fraudulently obtaining title to property owned by someone else
And
- The defendant intends to permanently deprive
What are the elements of larceny by trick?
- Fraudulently obtaining possession of property owned by someone else
And
- The defendant intends to permanently deprive
What are the forms of control of property?
Title: Legal ownership, implies possession
Possession: Full dominion and control over the property, does not require title
Custody: physical control of property in someone else’s possession without full dominion over the property
What are the elements of Larceny?
- The defendant wrongfully takes another person’s property
- The defendant moves the property
- The defendant intends to permanently deprive the owner of the property
When is the intent to permanently deprive an owner manifested?
When the defendent intends to:
- Keep the property
- Destroy the property
Or
- Hold the property for ransom
What is the doctrine of continuing trespass?
A defendant who takes without the intent to deprive and later decides to keep the property is considering to have the latter intent at the time of the taking.
The doctrine establishes concurrence between the unlawful taking and the requisite intent to steal.
More Info: Doctrine of Continuing Trespass
Can you steal something that you honestly think is yours?
No, no matter how unreasonable the belief
What is a conversion and how is it established?
Conversion means transforming possession of someone else’s property to your own.
Conversion is established by any action toward the property that seriously interferes with the owner’s rights.
List 7 examples of conversion actions.
- Selling
- Consuming
- Pledging
- Donating
- Discarding
- Heavily damaging
- Claiming title to
What will negate the intent to steal?
- An honest belief of claim of right
Or
- The intent to restore the exact property
What are the elements of robbery?
- The wrongful taking and carry away of tangible personal property
- By Force or threat of force to the victim
- With the intent to permanently deprive the owner
When will the robbery requirement of force or threat of force be satisfied?
Will be satisfied by slight force contemporaneous with the taking (> than what is needed to to take the property)
What are the elements of obtaining property by false pretenses?
- The defendant knowingly makes a false representation of a present or past material fact
- The defendant’s fraud causes the victim to pass title to his property to the defendant
* More Info:* False Pretenses
What type of property control does the defendant obtain in a larceny by trick?
Possession
What must the evidence show in both obtaining property by false pretenses and larceny by trick?
That the defendant obtained the property as the result of reliance on the material misrepresentation
Tricking an owner to deliver by writing a check of insufficient funds is what type of theft?
A larceny by trick
What are the elements of extortion?
- The defendant obtains property
- By threats of future harm to the victim or his property
What are the elements of receiving stolen property?
- The defendant receives stolen property
- The defendant knows that it is stolen
- The defendant receives with the intent to permanently deprive the owner of their property
What are the elements of forgery?
- The fraudulent making of a false writing
- With an apparent legal significance
- With the intent to make wrongful use of that forged document
What is the criminal difference in obtaining property with threats of future harm vs. with threats of present harm?
Extortion v. robbery
What are the elements of Burglary?
- The breaking and
- Entering
- Into a dwelling house
- Of another
- With an intent to commit a felony therein
What does burglary’s breaking element require?
- Some act of force, including the slightest enlargement of an opening
- Entry by Fraud/Deception
Or
- Entry by threat of force
* More Info:* Breaking
What does burglary’s entering element require?
The defendant placing any portion of the body inside the structure, including using a tool to take something out after breaking
What does burglary’s intent to commit a felony therein element require?
The defendant must have the intent to commit the felony as he is breaking and entering. If it is formed after entry, it is not burglary.
More Info: Intent to Commit a Felony
What are the elements of arson?
- A defendant’s malicious act
- Burns
- Another Person’s Dwelling
* More Info:* Arson
If the defendant originally had the intent to steal, what is defendant’s criminal liability if the defendant later returns it?
Larceny due to the defendant’s original intent
If a defendant originally had the intent to steal and abandon the property, what is their criminal liability?
Larceny due to the defendant’s original intent
When can a finder of mislaid property be guilty of larceny?
- The finder intends to keep the property
And
- The finder either knows who the owner is or has reason to know that she can find the owner
