Property Crimes Flashcards
1
Q
Larceny
A
Property: Common-law larceny involves tangible personal property (e.g., wristwatch, goods sold in a store), not intangible (e.g., copyright) or real property
- Taking: Involves any movement of property, however slight
- Consent: Must be real, not obtained by fraud
- Intent: An intent to deprive the person of the property permanently
a. “Borrowing” property, even without the owner’s consent, is not larceny as long as you intend to give it back
b. If the property is destroyed in your care, you have not committed larceny (e.g., joyriding).
c. Larceny is a specific-intent crime. As long as the defendant thinks it’s his property—however unreasonably—he is not guilty of larceny.
2
Q
Embezzlement
A
D starts out having the victim’s consent to have the property but commits embezzlement by converting the property to his own use.
3
Q
False Pretenses
A
The defendant obtains title to someone else’s property through an act of
4
Q
Robbery
A
- Taking;
- Another person’s property;
- Without his consent;
- With intent to deprive him of it permanently;
- The taking occurs from the victim’s person or in his presence and
- Either by physical violence or putting victim in fear of imminent physical harm
5
Q
Extortion
A
- Involves threats of future harm (including non-physical harm), rather than threats of imminent physical harm
6
Q
Modern Burglary
A
- Breaking and
- Entering
- The property
- Of another
- With the specific intent to commit a felony inside
7
Q
CL Burglary
A
- Breaking and
- Entering
- The dwelling
- Of another
- At night
- With the specific intent to commit a felony once inside