property offenses Flashcards
larceny consists of
- a taking
- and carrying away (asportation)
- of tangible property
- of another
- by trespass
- with intent to permanently deprive
burglary
- breaking -can be actual or constructive (fraud or threat)
- and enterting
- of a dwelling
- of another
- at nighttime (at CL has to be at night)
- with intent at time of b/e to commit a felony in the dwelling
constructive breaking
(as it pertains to definition of B&E of burglary)
gaining entry by means of a fraud
embezzlement consists of
Embezzlement occurs when a person in lawful possession of another’s property fraudulently converts it.
- the fraudulent
- conversion
- of personal property
- of another
- by a person in lawful possession of that property
embezzlement vs larceny
E: D misappropriates property while in their rightful possession
L: D misappropriates property not in their rightful possession
larceny by false pretenses vs. larceny “by trick”
Larceny by false pretenses - the victim intends to convey title
Larceny by trick - the victim intends to convey only custody
robbery vs. larceny
robbery is a MORE serious offense than larceny. Definition of larceny is contained within robbery. Robbery is basically an aggravated form of larceny.
what intent is needed for fraudulent intent
D must intend to defraud
False pretenses
- obtaining title
- to personal property of another
- by an intentional false statement of past or existing fact
- with intent to defraud
Robbery
- a taking
- of personal property of another
- from the other’s person or presence
- by force or threats of immediate death or physical injury to victim, fam member, of other person in V’s presence
- with intent to permanently deprive
Extortion
modern: obtain property through means of threats to do harm or expose info
receipt of stolen property
- receiving possession and control
- of stolen personal property
- known to have been obtained in a criminal matter
- by another person
- with intent to permanently deprive
forgery
- making or altering
- a writing with apparent legal significance
- so that it is false
- with intent to defraud
CL arson
- malicious - reckless disregard enough; specific intent NOT required
- burning
- of the dwelling
- of another
list (2)
For CL arson the state of mind required of malice is satisfied by:
- intentionally burning the dwelling of another or
- by acting with reckless disregard of an obvious risk that the structure would burn.
