Property Offenses Flashcards
Larceny
A taking and carrying away of tangible personal property of another with possession by trespass and with the intent to permanently deprive that person of their interest in the property
-Title does not pass
- A taking (obtaining control)
- And carrying away (asportation)
-Slightest movement is sufficient - Of tangible personal property
- Of another with possession
-Possession is discretionary authority over something
-Custody is limited authority over something - By trespass (without consent or by consent induced by fraud)
- With intent to permanently deprive that person of their interest in the property (specific intent - intoxication & unreasonable mistake defenses)
-Measured at the time of taking
-Borrowing or thinking you have a right to something isn’t sufficient intent
Continuing trespass situation
If D wrongfully takes property without the intent to permanently deprive and alter deices to keep the property, D committed larceny when he decided to keep the property
-i.e., borrowing without permission
In contrast, if the original taking was not wrongful, the later decision to keep the property is not larceny
-i.e., originally took the umbrella thinking it was yours
Embezzlement
The fraudulent conversion of personal property of another by a person in lawful possession of that property
-Title does not pass
- The fraudulent
-Specific intent to defraud
-Intent to restore the exact property taken defeats this element - Conversion (dealing with property in a manner inconsistent with the arrangement by which D has possession)
- Of personal property
- Of another
- By a person in lawful possession of that property
*Trustee is often the MBE embezzler and the embezzler does NOT have to get the benefit
Embezzlement vs. larceny
Embezzlement is when D misappropriates property while it is in their rightful possession
Larceny is when D misappropriates property not in their possession
False pretenses
- Obtaining title (ownership)
-Distinguishing feature from larceny by trick - To personal property of another (including $)
- By an intentional false statement of a past or existing fact
-Must be major factor in victim’s decision to pass title to D
-Any false representation suffices, including a false promise to perform in the future - With the intent to defraud
Larceny by trick
When the victim is tricked, by misrepresentation of fact, into giving up mere custody or possession of property
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 the victim, a family member, or some person in the victim’s presence with the intent to permanently deprive them of it
- A taking
- Of personal property of another
- From the other’s person or presence (very broad)
- By force or threats of imminent death or physical injury to the victim, a family member, or some person in the victim’s presence with the
-Distinguishing feature from larceny
-“Simulated” deadly weapon would elevate to armed robbery - With the intent to permanently deprive them of it
Robbery vs. larceny
Robbery requires that D use force of threats to obtain or retain the victim’s property
-Pickpocketing is not robbery, but ripping off someone’s necklace would be sufficient use of force to constitute robbery
Extortion
Obtaining property by means of threats to do harm or to expose information (blackmail)
-Property does not actually have to be obtained
Extortion vs. robbery
In extortion, the threats may be of future harm and the taking does not have to be in the presence of the victim
Receipt of stolen property
Receiving possession and control of “stolen” personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of their interest in it
-Property must be stolen at the time D received it
-Does not have to have actual possession if arranging sale or when the property is left at a designated location
Forgery
Making or altering a writing with apparent legal significance so that it is false with the intent to fraud
-Specific intent crime
-Key phrase is “apparent legal significance” (i.e., a contract, not a painting)
-Making a fake warehouse receipt, but not an inaccurate real warehouse receipt
-No need actually needs to have been defrauded
Burglary
A breaking and entry of a dwelling of another with the intent to commit a felony in the structure
- A breaking (actual breaking or by fraud or threat, but not through a wide open door or window (opening interior doors is breaking))
- And entry (any part of the body enters the structure)
- Of a dwelling (a structure used for sleeping purposes, even if used for other purposes such as conducting business)
- Of another (ownership is irrelevant, just has to be occupied by another)
- With intent to commit a felony in the structure
-Specific intent crime
-Intent must exist at the time of the breaking and entering
-Felony does not need to be carried out
Arson
The malicious (intentional or reckless disregard of an obvious risk; NO SPECIFIC INTENT) burning (charring, not scorching) of the dwelling of another
