property offenses Flashcards
1
Q
larceny
A
- a taking
- any carrying away
- of tangible personal property
- 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)
2
Q
defendant has POSSESSION if:
A
they were given discretionary authority over the property
3
Q
defendant has CUSTODY if:
A
they were given only limited authority over the property
4
Q
embezzlement
A
- the fraudulent
- conversion
- of personal property
- of another
- by a person in lawful possession of that property
5
Q
false pretenses
A
- obtaining title
- to personal property of another
- by an intentional false statement (of a past or existing fact)
- with the intent to defraud the other
6
Q
intent to defraud element
A
defendant must have
- known the statement to be false; or
- have intended that the victim rely on the misrepresentation
7
Q
larceny by trick
A
victim is tricked by a misrepresentation of fact into giving up mere CUSTODY OR POSSESSION of the property
8
Q
robbery
A
- 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
9
Q
extortion (modern statutes)
A
obtaining property BY MEANS OF THREATS to do harm or to expose information
10
Q
receipt of stolen property
A
- 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)
11
Q
forgery
A
- making or altering (by drafting, adding, or deleting)
- a writing with apparent legal significance
- so that it is false (that is, representing that it is something that it is not, not merely containing a misrepresentation)
- with intent to defraud
12
Q
burglary (common law)
A
- a breaking
- and entry
- of a dwelling
- of another
- at nighttime
- with the intent to commit a felony therein
13
Q
burglary (modern statutes)
A
- often eliminate many technicalities of common law burglary, including requirements
- of a breaking;
- that the structure be a dwelling;
- that the act occur at nighttime; and
- that the intent to be to commit a felony (intent to commit misdemeanor theft is often enough)
14
Q
constructive breaking
A
breaking by fraud or threat
15
Q
arson (common law)
A
- the malicious (intentional or with reckless disregard of an obvious risk)
- burning (requiring some damage to the structure caused by fire)
- of the dwelling
- of another
