Property Crimes Flashcards
Property Crimes
Larceny, Embezzlement, False Pretenses, Trick, Extortion, Receipt of Stolen Goods, Robbery, Forgery
Larceny
Trespassory taking and carrying away the personal property of another with intent to permanently deprive.
intent to deprive must exist at time of taking.
Continued Trespass - Trespassory taking without intent to deprive, then later forming intent.
Taking property you believe if yours or is owed to you = not larceny
Embezzlement
Fraudulent conversion of the property of another with intent to deprive. Requires no economic gain.
Person doing to conversion must have lawful title (Trustee, Executor CEO ect)
If intent to restore exact property = no embezzlement
False Pretenses
Gaining title of property though false statements.
Falsely promising to do something in future is not a false pretense.
By Trick
Gaining possession of personal property through false statements, Defendant must know statement is false, OR failed intentionally to learn fact was false
Robbery
Taking of personal property within person’s presence by force or threat of force with intent to permanently deprive.
Threat must be of immediate harm. Force must be sufficient to overcome person’s resistance.
Extortion
Knowingly seeking to obtain property or services by means of a future threat.
Don’t have to take anything from person or in presence.
Receipt of Stolen Goods
Person receives control and possession of goods. Goods are known to be obtained through criminal means, person intends to permanently deprive.
Forgery
Making or altering a document of legal significance with intent to defraud.