Property Crimes & Offenses Against Habitation

Question 1

Property Crimes

Answer 1

1. Larceny
2. Embezzlement
3. False Pretenses
4. Robbery
5. Extortion
6. Forgery

Question 2

Larceny

Answer 2

• Common Law Larecny requires a wrongful taking, a carrying away (asporation) of property of another by trespass with intent to permanently deprive
  
  • slightest movement of property is enough to constitute larceny
  • intent to deprive the owner must exist at the time of the taking
  • taking property in the belief that it is yours is not larceny

Question 3

Theory of Continuing Trespass

Answer 3

If a person takes property, not intending to steal it, but later decides to keep it, he can be guilty under the theory of continuing trespass.

Question 4

Embezzlement

Answer 4

• The fraudulent conversion of property of another
  
  • embezzler always has lawful possession before the illegal conversion
  • don’t have to carry away - just lawful possession
  • the embezzler doesn’t have to get the benefit

Question 5

False Pretenses

Answer 5

• Defendent convinces owner to convey title to the property by false pretenses
  
  • conveyance of title is whats important
    
    • cash is title as well
  • false representation could be present or past fact
    
    • false promise to do something in the future cannot be grounds for liability

Question 6

Larceny by Trick

Answer 6

Distinguished from False Pretenses:

• if only the possession (not title) is obtained

Question 7

Robbery

Answer 7

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

• presence is broadly drawn
• threat must be of imminent harm

Question 8

Extortion

Answer 8

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

Question 9

Differences between extrotion and robbery

Answer 9

1. dont have to take anything from his person or presence for extortion
2. just need future threat for extortion, whereas robbery is imminent threat

Question 10

Forgery

Answer 10

The making or altering of a false writing with intent to defraud

• document must have legal signifigance

Question 11

Burglary

Answer 11

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

Question 12

Burglary - Breaking

Answer 12

Can be actualor constructive:

• Actual Breaking:
  
  • itis not a breaking to come through an open door or window, must use some force to break in - i.e. pushing the door open
• Constructive Breaking
  
  • via fraud or threat

Question 13

Burglary - Entering

Answer 13

When any part of the body crosses into the house

Question 14

Burglary - Dwelling of another

Answer 14

cannot be barn or commercial building

Question 15

Burglary - intent to commit a felony therein

Answer 15

intent must exist at the time of the breaking/entering

Question 16

Arson

Answer 16

The malicious burning of a dwelling of another

• only applies to burning - not smoke damage
  
  • scorching = insufficient
  • charring = sufficent
• CL - had to be a dwelling (not barn or commercial building) and could not be one’s own home
• Multistate - May apply to buildings other than dwelling

Question 17

Receipt of Stolen Property Consits of:

Answer 17

1. recieving possession and control
2. of stolen personal property
3. known to have been obtained in a manner to be considered a criminal offense
4. by another person
5. with intent to permanent deprive