Property Offenses

Question 1

Define Larceny.

Answer 1

larceny is an unlawful taking and carrying away of a tangible property of another with possession by trespass with the intent to permanently deprive that person of the interest in that property.

Question 2

What is required for the requirement of transportation for commission of larceny?

Answer 2

Slightest movement.

Question 3

in which limited circumstance can the bailee be liable for larceny?

Answer 3

If the bailee opens closed containers in which the property had been placed by the bailor, the possession is regarded, by use of a fiction, as returning to the bailor and the bailee will be convicted for larceny.

Question 4

For a larceny crime, at which point is intent to permanently deprive a person of their property counted?

Answer 4

At the time of taking.

Question 5

Give examples of situations when larceny may not be committed despite the taking of someone’s property?

Answer 5

Borrowing. Believing that the property belongs to them. Keep property as a repayment of a debt.

Question 6

Is it larceny if you take goods not for sale and you intend to pay for them?

Answer 6

Yes.

Question 7

Is it larceny if you collect a reward from the owner if there is no intent to return the goods absent a reward?

Answer 7

Yes.

Question 8

It is larceny if goods involved are lost or mislaid property?

Answer 8

Yes.

Question 9

Is it larceny if goods involved were abandoned by the owner?

Answer 9

No.

Question 10

What is a ‘continuing trespass’ situation?

Answer 10

If the defendant takes the property without the intent to permanently deprive and later decides to keep the property.

Question 11

Define embezzlement.

Answer 11

Fraudulent conversion of personal property of another by a person who is in lawful possession of the property.

Question 12

Is it embezzlement if the person takes the personal property of someone and replaces with the exact property?

Answer 12

No.

Question 13

Is it embezzlement when the person intends to restore similar or substantially identical property?

What if the act involved money that was initially taken and other money of identical value that they intended to return?

Answer 13

Yes.

Question 14

Is it embezzlement if the conversion is pursuant to a claim of the right to the property?

Answer 14

No. The question is whether the defendant openly took the property.

Question 15

Define false pretenses.

Answer 15

Obtaining tile to the personal property of another by an intentional false statement of a past or existing fact with the intent to defraud the other.

Question 16

Define larceny by trick.

Answer 16

If the victim is tricked into giving up the possession of their property, it is larceny by trick.

Question 17

Define robbery.

Answer 17

Robbery is taking of personal property of another from the other person or presence by force or threats of immediate death or physical injury to the victim, their family member, or some person in the victim’s presence, with the intent to permanently deprive them of it.

Question 18

If the farmer is tied up in the barn and the defendant takes things from the house, would that be robbery?

Answer 18

Yes.

Question 19

Is ripping a necklace of someone robbery?

Answer 19

Yes

Question 20

Define extortion.

Answer 20

Obtaining property by means of threat to do harm or to expose information.

Question 21

Define receipt of stolen property?

Answer 21

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.

Question 22

Define forgery.

Answer 22

Making or altering writing with apparent legal significance so that it is false, that is representing that it is something that it is not, with the intent to defraud (even if noone has been defrauded).

Question 23

Define burglary.

Answer 23

A breaking and entry of a dwelling house at nighttime with the intention to commit a felony or larceny.

Question 24

Define Arson.

Answer 24

The malicious burning of the dwelling of another.

Question 25

Arson is a malice crime. What is sufficient for the malice requirement?

Answer 25

Reckless disregard of an obvious risk that the whole structure would burn is sufficient. Specific intent is not required.

Question 26

Can one be guilty of arson of their own house?

Answer 26

No.