Property Crimes, Burglary, Etc. Flashcards
Chapter 10
What is the common law definition for theft(or larceny)?
Defined as the trespassory caption and asportation of the personal property of another with the intent to steal
*Even though there is a consolidation, this will always be the theft elements
What is trespassory?
Without the consent of the owner
What is caption?
To control
What is asportation?
Movement, however slight
What is larceny?
the taking and carrying away of someone else’s personal property, by trespass, with the intent to permanently deprive the owner of possession
What is trespass?
Trespass has multiple meanings:
1. A person who enters another’s land without consent
2. To take another person’s personal property without consent
What is possession?
Possession has multiple meanings:
1. Actual control of an item of personal property
2. A person can have constructive possession of property (your car is parked two blocks away, you have actual possession of the keys but you have constructive possession of the car
Essentially, what is theft?
It’s an offense against possession. A person who has possession of personal property can’t steal it but a person who has mere custody can steal it
What is the common law definition for embezzlement?
The wrongful conversion (misappropriation) of the personal property of another by one in lawful possession.
*Even though there is a consolidation, this will always be the embezzlement elements
What is the modern embezzlement definition?
“Every person who shall fraudulently appropriate property which has been entrusted to him.” (specific intent crime)
1. Victim intended to give you lawful possession but you fraudulently used it
What is the common law definition for false pretenses?
Defined as a false representation of a material present or past fact that causes the victim to pass title of the victim’s real or personal property to defendant (specific intent crime)
1. Defendant knows the representation to be false
2. Intends to defraud victim
3. Victim relies on the false representation
*Even though there is a consolidation, this will always be the false pretenses elements
What is the modern law for false pretenses?
“Every person who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor, or real or personal property.”
What are the distinctions between false pretenses and theft?
- With theft, the owner does not intend to part with ownership of property
- With false pretenses, the owner (victim) relied on the false statements of the offender and intends to pass ownership or title of the property to the offender
What are the differences between the three theft crimes (theft, false pretenses, and embezzlement)?
The criminal v. lawful means of obtaining property.
1. Theft = criminal
2. False pretenses = criminal
3. Embezzlement = lawful
What is larceny by trick or deception (theft)?
An offender who intends to “steal” a person’s personal property lies to the victim in order to gain control over the victim’s property—the offender then makes off with the property
*Larceny by trick is not a separate crime; it is a type of larceny/theft
What is the distinction between larceny by trick and false pretenses?
Both cases, offender lies to victim and victim parts with property based on false representations of thief
1. False pretenses: Victim intended ownership/title to change hands
2. Larceny by trick: victim intended to retain ownership
California PC § 484(a) Consolidation of all Theft Crimes: Theft(Larceny), Embezzlement, and False Pretenses
“Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor, or real or personal property, is guilty of theft.”
*Regardless of consolidation, use the common law elements to meet requirements
Modernly, what is theft(larceny)?
“Every person who shall feloniously steal the personal property of another.” (Specific intent crime