Property Offenses Flashcards
What is larceny? (6 elements)
Larceny consists of:
(1) a taking (obtaining control)
(2) and carrying away (the slightest movement is sufficient)
(3) of tangible personal property (excluding realty, services, and intangibles, but including written instruments embodying intangible rights such as stock certificates)
(4) of another with possession
(5) by trespass (without consent or by consent induced by fraud)
(6) with intent to permanently deprive that person of their interest in the property
What is the difference between possession and custody vis-à-vis larceny? What legal significance?
Possession involves a greater scope of authority to deal with the property. D has possession if they were given discretionary authority over the property.
D has custody if they were given only limited authority over the property.
For larceny, D must take something from the possession of another, so if D had possession, he cannot be charged with larceny (instead it may be embezzlement).
What does it mean for a larceny defendant to have acted “with intent to permanently deprive”?
The defendant must have had intended to permanently deprive a person of their property at the time of the taking.
What is sufficient / insufficient / possibly sufficient intent to permanently deprive for larceny?
Sufficient: an intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
Insufficient: where the defendant believes that the property they are taking is theirs (or they have some right to it) or where they intend only to borrow the property or to keep it as repayment of a debt
Possibly: where the defendant intends to pay for the goods (if the goods were not for sale), or intends to collect a reward from the owner (if there is no intent to return the goods absent a reward)
What is a “continuing trespass” situation for larceny?
If the defendant wrongfully takes property without the intent to permanently deprive (e.g., borrows an umbrella without permission), and later decides to keep the property, the defendant is guilty of larceny when they decide to keep it.
However, if the original taking was not wrongful (e.g., the defendant thought the umbrella was hers) and later decides to keep it, it is not larceny.
What is embezzlement? (5 elements)
(1) The fraudulent
(2) conversion (i.e., dealing with property in a manner inconsistent with the reason defendant has possession)
(3) of personal property
(4) of another
(5) by a person in lawful possession of that property
What is intent to restore for embezzlement? What legal effect?
If D intends to restore the exact property taken, it is NOT embezzlement.
If D intends to restore similar or substantially identical property, it IS embezzlement, even if it was money that was initially taken and other money of identical value that they intended to return.
What is false pretenses? (4 elements)
(1) Obtaining title
(2) to personal property of another
(3) by an intentional false statement of a past or existing fact
(4) with intent to defraud the other.
Explain the requirement for misrepresentation for false pretenses. (incl. common law + MPC)
The victim must actually be deceived by, or act in reliance on, the misrepresentation.
This must be a major factor (or the sole cause) of the victim passing title to the defendant.
(Common Law) D’s misrepresentation must have related to a past or present fact, not a false promise to do something in the future.
(MPC) Any false representation suffices, including a false promise to perform in the future.
Distinguish false pretenses from larceny by trick.
If the victim is tricked (by a misrepresentation of fact) into giving up mere custody or possession of property, the crime is larceny by trick.
If the victim is tricking into giving up title to property, the crime is false pretenses.
What is robbery? (5 elements + 2 tips)
(1) A taking
(2) of personal property of another
(3) from the other’s person or presence (including anywhere in their vicinity)
(4) by force or threats of immediate death or physical injury to the victim, a family member, or some person in the victim’s presence
(5) with the intent to permanently deprive them of it.
(TIP 1) Any force that is applied is sufficient.
(TIP 2) A threat must be a threat of imminent harm. (So, a threat to beat someone up next week won’t suffice.)
What is extortion? (common law, modern view, and minority view)
(Common Law) Extortion consists of the corrupt collection of an unlawful fee by an officer under color of office.
(Modern View) Extortion (blackmail) often consists of obtaining property by means of threats to do harm or to expose information.
(Minority View) Extortion is complete when threats are made with the intent to obtain property; meaning, the property need not be obtained.
What is receipt of stolen property? (5 elements)
Receipt of stolen property consists of:
(1) Receiving possession and control (manual possession is not necessary)
(2) of “stolen” personal property
(3) known to have been obtained in a criminal manner
(4) by another person
(5) with the intent to permanently deprive the owner of their interest in it
What is forgery? (4 elements)
The making or altering of a false writing with intent to defraud.
(1) Making or altering (by drafting, adding, or deleting)
(2) a writing with apparent legal significance (e.g., a contract)
(3) so that it is false (i.e., representing that it is something that it is not, not merely containing a misrepresentation)
(4) with intent to defraud (although no one needs to have actually been defrauded)
What is burglary? (6 CL elements + modern view)
Common law burglary consists of:
(1) a breaking (creating or enlarging an opening by at least minimal force, fraud, or intimidation; if D had the resident’s consent to enter, it is NOT breaking)
(2) and entry (placing any portion of the body or an instrument used to commit the crime into the structure)
(3) of a dwelling (a structure used with regularity for sleeping purposes, even if used for other purposes such as conducting a business)
(4) of another (ownership is irrelevant; occupancy by someone other than D is all that is required)
(5) at nighttime
(6) with the intent to commit a felony in the structure at the time (felony need not be carried out to constitute burglary)
(Modern View) Modern statutes often eliminate many of the “technicalities” (e.g. the breaking, dwelling, and nighttime elements, or do not require the intended crime to be a felony).
