Property Offenses Flashcards
Larceny
Larceny consists of:
* A taking (obtaining control)
* And carrying away (asportation)
* Of tangible personal property (excluding realty, services, and intangibles, but including written instruments embodying intangible rights such as stock certificates)
* Of another with possession
* By trespass (without consent or by consent induced by fraud)
* With intent to permanently deprive that person of their interest in the property
Embezzlement
Embezzlement is:
* The fraudulent
* Conversion (that is, dealing with the property in a manner inconsistent
with the arrangement by which defendant has possession)
* Of personal property
* Of another
* By a person in lawful possession of that property
FALSE PRETENSES
The offense of false pretenses is:
* Obtaining title
* To personal property of another
* By an intentional false statement of a past or existing fact
* With intent to defraud the other
“Larceny by Trick”
If the victim is tricked—by a misrepresentation of fact—into giving up
mere custody or possession of property, the crime is larceny by trick.
If the victim is tricked into giving up title to property, the crime is false
pretenses.
Robbery
Robbery consists of:
* A taking
* Of personal property of another
* From the other’s person or presence (including anywhere in their vicinity)
* 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