Property Offenses Flashcards
What is larceny?
Larceny =
- a taking
- and carrying away (slight movement counts)
- of tangible person property (including written instruments)
- of another who had possession (if D had possession, doesn’t count)
- by trespass (i.e. w/o consent or consent induced by fraud)
- with intent to permanently deprive that person of the property (if D believes it is theirs, or intend to borrow or keep as repayment of debt then NO larceny)
When is D in custody vs possession for purposes of larceny?
D must NOT be in possession of property to be convicted of larceny, but if they are in custody merely then can be convicted. Custody = given limited authority over the property, but possession = discretionary authority over the property
Is D guilty of larceny if they intend to pay for the goods or collect reward from owner?
It depends - it goods were not for sale and intends to pay, then maybe. If there is no intent to return goods absent reward, maybe.
If V abandoned or lost property, can D be convicted of larceny?
If abandoned, NO, if lost, yes.
What is embezzlement? How is it different from larceny?
Embezzlement =
- fraudulent (req’s intent to defraud)
- conversion (i.e. dealing with property in manner inconsistent with arrangement - impermissible use)
- of personal property
- of another
- by a person in lawful possession of that property
The difference between larceny and embezzlement, is that embezzlement requires person to be in lawful possession of the property, and does not require a physical taking away.
If D intends to restore property, is it embezzlement?
It they intend to restore exact property, no. but if they intent to restore anything slightly different, yes.
If D openly takes property pursuant to claim of right, did they embezzle?
Not, insufficient fraudulent intent
Does embezzler have to get benefit of embezzlement?
No, e.g. trustee taking trust money to give to charity wrongfully.
What is false pretenses?
False pretenses is:
- obtaining title
- to personal property of another
- by an intentional false statement
- with intent to defraud
+ victim was actually deceived or acting in reliance on fact + was major factor in them passing title
For a false pretenses claim, what must the intentional false statement be of?
Under, c/l must be of past or present fact. Under MPC, any false statement is sufficient - including false promise to perform in the future.
What degree of intent is req’d for false pretenses?
Intent to defraud - so D must either (a) know statement to be false or (b) have intended the victim rely on the misrepresentation (includes deliberate avoidance of learning if put on alert of high probability of falsity)
What’s the difference between larceny by trick and false pretenses?
Larceny by trick is when a victim is tricked into giving up possession or custody of the property, False pretenses is when the victim is tricked into giving up full title.
What is robbery? How is it different from larceny?
Robbery =
- taking
- of personal property of another
- from other’s person or personal vicinity (defined broadly, e.g. barn-house)
- by force or threats of immediate death or physical injury (defined broadly, e.g. ripping) - to the V, family member, or some person in presence of V
- with the intent to permanently deprive them of it
It’s different from larceny, b/c here the taking is accomplished by force or threats in their presence.
Note: threat must be imminent
What is extortion? How is it different from robbery?
Extortion =
c/l: corrupt collection of an unlawful fee by an officer under color of office
MPC: aka blackmail, obtaining property by means of threat to do harm or expose information
It is different from robbery b/c it can be a threat of future harm and does not have to be in V’s presence.
What is receipt of stolen property?
receipt of stolen property =
- receiving possession and control (note: physical possession not necessary, OK if put in location for them to pick up or they arrange sale of it)
- of stolen personal property (Note: must be stolen @ time they receive it)
- known to have been obtained in a manner constituting a criminal offense
- by another
- with intent to permanently deprive owner of property
Can person be convicted of receipt of stolen property if they never actually receive it?
No, but they can be convicted of attempted receipt of stolen property
What is a forgery?
Forgery =
(a) making or altering (drafting, adding, deleting)
of (b) a writing with apparent legal significance (e.g. K, not painting)
(c) so that it is false (representing it is something it is not, NOT mere misrepresentation, e.g. fake receipt vs. inaccurate receipt)
(d) with intent to defraud
note: includes fraudulently obtaining signature of another, if person doesn’t realize they are signing doc but NOT someone realizing they are signing the doc induced by fraud
What is uttering a forged instrument?
(1) offering as genuine (2) an instrument that me be the subject of forgery and is false (3) with intent to defraud
What is a burglary?
A burglary is:
- a breaking (actual physical or constructive - i.e. by fraud/threat) (note: walking thru open door not sufficient)
- and entry (any party/instrument)
- of a dwelling
- of another
- at night time (c/l restriction only)
- with the intent to commit felony (some states allow misdemeanor too) at the time of entry
What is arson?
Arson is:
- the malicious (intentional or with reckless disregard, specific intent not req’d)
- burning (some degree of damage req’d, charring sufficient, blackening/discoloration not)
- of the dwelling (most states expand to other property)
- of another (c/l restriction only)
Note: c/l burning of own home is separate crime that requires home be in city or near others that could have been harmed
