Property crimes Flashcards
List of theft offenses
Larceny, embezzlement, false pretenses, larceny by trick, extortion, forgery, malicious mischief
Larceny defined and elements
- Definition: Mnemonic: Theives Took Carmen’s Purse And Isaac’s Portfolio
a. Tresspassory
b. Taking AND
c. Carrying away
d. Personal Property of
e. Another with the
f. Intent to
g. Permanantly retain the property - trespassory: wrongful or unlawful
- Taking and carrying away: property must be moved
- Personal property of another: why had lawful custody at the time of the taking?
a. if D had lawful custody of the property he cant be guilty of larceny even if ∆ doesn’t own it
b. You can be guilty for taking own property if someone else had lawful custody when D took it - With intent to permanently retain: if ∆ intends to return it, the taking lacks the intent to steal
Erroneous takings rule for larceny
a taking under a claim of right is never larceny even if the ∆ is wrong in thinking the property is his
b. for ex accidentally taking a laptop you think is yours isn’t larceny. you have a “claim of right” even though erroneous
bc larceny is a specific intent crime. even unreasonable mistake negates it.
Continuing trespass–what if ∆ takes property without intent to steal and later forms that intent
if a ∆ wrongfully takes property but without intent to steal→ not larceny. But if ∆ wrongfully takes property without the intent to steal and later forms that intent, the initial trespassory intent is considered to have “continued” and he WILL be guilty of Larceny.
a. exception to the concurrence rule.
b. otherwise if you don’t have intent at the time of the taking, that person would get off the hook for larceny.
Embezzlement
- Defined: conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.
a. The money never reaches your employer’s possession - Mens rea: specific intent to defraud.
a. NB: if ∆ intends to give back EXACT property in EXACT form, no intent to defraud - for ex curator sells $50k painting and intends to buy exact painting back. intent to buy back negates intent to defraud necessary for embezzlement
possession = authority to exercise discretion over the property.
7. MUST HAVE discretionary authority over funds. For ex, cant be the bank security guard. have to have pre-granted authority/ responsibility. bank guard is a thief bc his job is only to defend the safe. Must be someone like general manager
False pretenses
- definition: obtaining title to the personal property of another by a false statement made knowingly with the intent to defraud
- Differene from larceny: in larceny, ∆ gets only custody of property. in false pretenses, the ∆ gets title, meaning ownership
a. for ex if you give me phone for $100 I’ll write you a check, knowing the checking account is empty
Larceny by trick
if the ∆ obtains only custody- not title as a result of the false statement, then the crime is larceny by trick.
Robberry (larceny + 2 other elements)
a. larceny (trespassory taking and carrying away the personal property of another w/ intent to permanantly retain)
+ 2 elements
b. from someone elses person or presence
c. by force or the threat of immediate injury
2. Mens rea: specific intent to steal
3. “Presence”—some location reasonably close to the victim, e.g. rooms in a house other than the room in which the victim is located
4. “Force”—any amount of force is sufficient to over
a. snatching chain off victims neck is enough
b. snatching a purse off a womans arm
c. Pickpocketing NOT enough force, it’s larceny. is a crime of stealth.
5. Threats—need immediate injury
a. modern statutory law, individual who obtains property of another through threats of future harm ≠ robbery, that’s the crime of extortion or blackmail
Extortion
- CL—corrupt collection of unlawful fee by an officer under color of office
- Modern statutes—extortion is blackmail. obtaining property by means of threats to do harm or expose info.
a. intent to get the property usually enough, i.e. don’t actually have to obtain the property.
Forgery
- making or altering a writing
- so that it is faltse
- mens rea: specific intent to defraud
Malicious mischief
malicious destruction or damage to the property of another
1. malice ≠ ill will or hatred. Requires just that damage or destruction have been intended or contemplated by ∆
Modern statutory approach to theft offenses
i. Consolidation: the MPC and most states have consolidated the common law property crimes of larceny, embezzlement, false pretense, and larceny by trick into a single crime known as theft
ii. Grading: under these approaches, seriousness of offense will be determined by the value of property taken
List of property crimes, normal and posessory
NORMAL
larceny, embezzlement, larceny by trick, false pretenses, roberry, extortion, forgery, malicious mischief, Burglary, Arson,
POSESSORY
, possession of contraband, receipt of stolen property
Burlary
i. Common law: breaking and entering the dwelling of another at night with the intent to commit a felony inside
1. Breaking: creating or enlarging an opening by at least minimal force
a. Includes, breaking a window, opening a door
b. Doesn’t include climbing through an already open window, entering with permission.
c. Constructive breaking: entry gained through fraud, threats or intimidation
i. Ex: woman gets key promising to clean it, but intends to steal TV
2. Entry—at least some part of body enters the building
3. Dwelling—structure where someone regularly sleeps
4. of another: can’t burglarize own house
5. at night: bar will be obvious it’s at night
6. Intent to commit a felony inside: intent to steal, rob, rape assault, kill.
a. specific intent crime
b. must have intent to steal at time of entering the residence
i. could have someone do tort of trespass and then larceny if the entered for shelter but then decided to steal once inside.
ii. Modern statutory changes: many states have eliminated technical reqs, especially breaking, dwelling and nighttime elemtns
1. UBE still asks about common law bc states vary so much by statute
Arson
i. Common law arson
1. Definition: malicious burning of dwelling of another
2. Mens rea: malice. reckless indifference is enough
3. Burning:
a. requires material wasting, must at least charr, scorching alone not enough
b. building itself msut urn, not carpet or furniture
ii. Modern statutory changes to arson: extended to structures other than dwellings and to damage caused by explosion, not just fire
1. Doesn’t have to be the dwelling of another
