property crimes Flashcards
Property crimes
larceny, embezzlement, false pretenses, robbery, extortion, forgery
larceny
1) A wrongful taking 2) and carrying away 3) of tangible personal property 4) by another 5) by trespass (without permission) 6) with intent to permanently deprive.
When must the intent to permanently deprive the owner exist?
The intent to deprive the owner permanently must exist at the time of the taking or it is not 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.
Is taking property in the belief that it is yours larceny?
Taking property in the belief that it is yours is NOT common law larceny.
embezzlement
The fraudulent conversion of property to another by a person in lawful possession of that property.
distinguish larceny from embezzlement
In larceny, D misappropriates property not in his possession.
In embezzlement, D misappropriates property while it is in his rightful possession.
false pretenses
1) Obtaining title 2) to personal property of another 3) by an intentional false statement of the past or present 4) with the intent to defraud the other.
distinguish larceny by trick from false pretenses
If only possession of the property is obtained, the offense is larceny by trick.
If title is obtained, the offense is false pretenses.
robbery
1) The taking 2) of personal property of another 3) from the other person’s presence 4) by force or threat of imminent harm 5) with the intent to permanently deprive him of it.
extortion (blackmail)
Knowingly seeking to obtain property or services by means of a future threat.
differences between extortion and robbery
You don’t have to take anything from the person or his presence for extortion.
Threats for extortion are for future harm.
forgery
The making or altering of a false writing with intent to defraud. Any writing that has apparent legal significance is subject to the crime of forgery.
