Property Offenses Flashcards
Larceny
What are the elements of larceny?
(a) Taking and (b) carrying away (asportation) of tangible personal property of another in possession/custody of the property by (c) trespass with (d) intent to permanently deprive that person of their interest in the property
Ex. Pickpocketing without V noticing
(b) asportation: slightest movement is sufficient
(c) trespass: without consent
* If consent obtained by misrepresentation of past/existing fact, consent isn’t valid and it’s larceny by trick
(d) there must be intent to permanently deprive at the time of taking/carrying away
* If D is simply borrowing or D thinks property is theirs, NO larceny
* Continuing Trespass: D wrongfully takes property NOT intending to permanently deprive, but later decides to keep property –> larceny
Abandoned property: no larceny
Lost/mislaid property or property delivered by mistake: could be larceny
Larceny
Is mistake of law a defense to larceny?
NO
Unreasonable mistake of fact IS a defense because larceny is a specific intent crime
Embezzlement
What are the elements of embezzlement?
Fraudulent conversion of personal property of another by a person in lawful possession of that property (usually a trustee)
Embezzler doesn’t need to get the benefit
Must be intent to defraud
Intent to restore:
* If D intends to restore exact property taken, NOT embezzlement.
* If D intends to restore similar/substantially identical property, it IS embezzlement (ex. money)
NO asportation requirement (possession of property is enough)
What is difference between larceny and embezzlement?
Embezzlement: D misappropriates property while it’s in their lawful possession
* Doesn’t require asportation
Larceny: D misappropriates property NOT in their possession
False Pretenses
What is false pretenses?
Obtaining title to personal property of another by an intentional false statement of a past/existing fact, with intent to defraud
MPC: any false representation is sufficient, including false promise to perform in the future
Intent to defraud:
* D knew statement was false OR
* D intended that V rely on misrepresentation OR
* D deliberately avoided learning truth after being given notice of high probability of statement’s falsity
Larceny
What is larceny by trick (vs. false pretenses?)
Larceny by Trick: Victim gives up POSSESSION (or custody) of property
False Pretenses: Victim gives up TITLE to (ownership of) property
What is robbery?
Taking of personal property of another from their person or presence by force or threats of immediate DEATH or physical INJURY to victim, family member, or a person in victim’s presence, with intent to permanently deprive victim of it
It’s attempted robbery if V gives up property bc they feel sorry for D (not because V feels threatened)
“Presence”: very broad
“Threat”: must be imminent harm (even for attempted robbery)
Armed Robbery: robbery with weapons
* Includes simulation of a deadly weapon
Property Crimes Review
What is extortion?
Common law: corrupt collection of unlawful fee by an officer
Modern statutes: blackmail; obtaining property by threats to do harm or to expose information
* In some jx, intent to obtain property sufficient (even if property not obtained)
How is extortion different from robbery?
Threats are FUTURE harm (not imminent) and does NOT need to be made in presence of victim.
What are elements of the charge of receiving stolen property?
Receiving possession and control of “stolen” personal property that D knows was obtained illegally by a person who had intent of permanently deprived owner of their interest
* Item must be stolen at the time D gets it
Possession: manual possession OR item put in location they designate OR D arranges sale between thief and third party (fencing)
Attempted receipt of stolen property: intended to receive property thinking it’s stolen (even though it’s not actually stolen)
What is forgery?
Making/altering (drafting, adding, deleting) a writing with apparent legal significance so that it’s false, with intent to defraud
Falsity: not just misrepresentation (ex. fake warehouse receipt vs. inaccurate real warehouse receipt)
Pertains to false WRITING (ex. contract, NOT painting)
What is burglary?
Breaking and entry of a dwelling of another at nighttime with an intent to commit a felony in the structure (common law)
Always ask: What is UNDERLYING FELONY and did it exist at time of breaking & entry
Breaking: Actual vs. Constructive
* Actual: if a door/window is wide open, not breaking; if D slightly pushes open any door, it’s breaking
* Constructive: breaking by fraud or threat (ex. maid uses employer’s house key to throw party; key being used for purpose other than for which she was given it)
Entering: any part of body crosses into structure
Dwelling: not barn or commercial structure
Underlying felony: If intent to commit underlying felony defeated, no burglary
* Even if D couldn’t complete underlying felony, doesn’t matter; burglary only requires INTENT to commit felony
Modern statutes: Entry of dwelling/office of another with intent to commit misdemeanor theft
What is arson?
Malicious burning of dwelling of another (common law) - D can’t be liable for arson of D’s own house
Modern statues: expands liability to include damage caused by explosion + includes commercial structures, cars, trains, etc.
* MBE questions assume other structures suffice
- Malicious: intent is inferred from acting with intentional/reckless disregard of obvious risk (arson is GENERAL intent crime)
- Damage: Fire must have caused damage to the structure but mere blackening not sufficient; mere charring is sufficient
