Property Crimes

Question 1

Larceny

Answer 1

A trespassory taking and carrying of away of another’s property with the intent to permanently deprive.

• slightest movement is enough
• intent must exists at the time of the taking!!!! But if a person takes, not intending to steal, but later decides to keep, she can be guilty under continuing trespass.

Taking property in the belief that it is yours (or have some right to it) is NOT CL larceny***

Question 2

Embezzlement

Answer 2

The fraudulent conversion of another’s property.

• embezzler does not have to carry away; nor does he have to get the benefit.
• MBE - look for trustee

Question 3

False Pretenses

Answer 3

The D persuades the owner of property to convey title by false pretense.

• look for title (or constructive title, i.e gas)
• the false representation can be present or past fact, but NOT future.

Larceny by Trick - (distinguished) - only possession is obtained. (not title)

Question 4

Robbery

Answer 4

Taking of personal property of another from the other person’s presence, by “force or threat” with the intent to permanently deprive him of it.

• presence req is broad
• ripping necklace off is force enough
• threat must be imminent harm

Armed robbery - with simulated deadly weapon, finger for gun, still can be guilty. (dont actually need gun)

Question 5

Extortion

Answer 5

(blackmail)

Knowingly seeking to obtain property or services by means of a “future” threat.

(dont have to take anting from person or his presence)

Question 6

Forgery

Answer 6

Making or Altering of a false writing (that has apparent legal significance) with intent to defraud.

Question 7

Offenses Against Habitation: Burglary

Answer 7

Breaking and entering into the dwelling house of another at night, with the intent to commit a felony therein.

Breaking = actual, or constructive. 
actual = NOT if walk in wide open door, but if open door once inside, yes. 
constructive = by fraud or threat. ex. use key for different purpose. 

Entering = any part of the body enters

Dwelling - cannot be barn or commercial building

Intent to commit felony must exist AT the time of BREAKING and Entering or is not CL burglary. Also remember any felony, not just taking something.

Question 8

Arson

Answer 8

The malicious burning of the dwelling of another.

malice = no specific intent, only reckless indifference

Burning = charring, but NOT scorching

CL - house cannot be arsonists’ own (must be another)

MBE - if testing on other issues (e.g malice), question will assume that jurisdiction’s arson law applies to structures other than dwelling. (but CL dwelling still is actual dwelling, not a barn or commercial building)