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Criminal Law > Property Offenses > Flashcards

Property Offenses Flashcards

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1
Q

Larceny (Thieves Took Carmen’s Purse and Issac’s Passport)

A

Larceny consists of:
–Trespassory
–Taking and
–Carrying away the
–Personal Property
–Of another, with the
–Intent to
–Permanently deprive that person of their interest in the property

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2
Q

Trespassory Element (Larceny)

A

means wrongful or unlawful - without the consent or by consent induced by fraud

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3
Q

Taking and Carrying Away Element (Larceny) (Asportation)

A

The property must be moved, but the slightest movement of the property is enough

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4
Q

Custody or Possession Element (Larceny)

A

The property must be taken from the custody or possession of another

If the defendant lawfully has custody of the property, the defendant cannot be guilty of larceny (even if the defendant doesn’t own it)

Conversely, the defendant can be guilty of larceny for taking their own property if someone else had lawful custody of the property when the defendant took it

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5
Q

Intent to Permanently Deprive Element (Larceny)

A

Generally, larceny requires that at the time of the taking, the defendant intended to permanently deprive a person of their property.

If the defendant intends to give the property back, the taking lacks the intent to steal that is necessary for larceny.

HOWEVER – An intent to create a substantial risk of loss, or an intent t sell or pledge the goods to the owner, is sufficient for larceny

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6
Q

Erroneous Takings Rule

A

A taking under a claim of right is never larceny, even if the defendant erroneously believed the property is theirs

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7
Q

Continuing Trespass

A

If a defendant wrongfully takes property without the intent to permanently deprive, and later decides to keep the property, the defendant is guilty of larceny when they decide to keep it. The initial trespassers taking is considered to have continued. If the taking was not wrongful, the defendant does not commit larceny.

NOTE — this creates an exception to the concurrence principle

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8
Q

Embezzlement

A

Embezzlement is:
–The fraudulent (specific intent to defraud)
–Conversion (dealing with property in a manner inconsistent with the arrangement by which the defendant has possession)
–Of personal property
–Of another
–By a person in lawful possession of that property

Specific Intent to Defraud

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9
Q

Intent to Restore (Embezzlement)

A

If the defendant intends to restore the exact property taken, it is not embezzlement

However, if the defendant intends to restore similar or substantially identical property, it is embezzlement. (money qualifies)

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10
Q

Claim of Right (Embezzlement)

A

As in larceny, embezzlement is not committed if the conversion is pursuant to a claim of right to the property. Whether the defendant took the property openly is an important factor.

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11
Q

Larceny v. Embezzlement

A

Embezzlement the defendant misappropriates property while it is in the defendant’s rightful possession

In larceny the defendant misappropriates property not in their possession

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12
Q

Custody v. Possession

A

possession involves a greater scope of authority to deal with the property than does custody

generally the defendant has possession if they were given discretionary authority over the property and has custody if they were given limited authority over the property

Ordinarily, low level employees have only custody of an employer’s property so they are guilty of larceny for taking it rather than embezzlement

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13
Q

False Pretenses

A

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

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14
Q

Misrepresentation Required (False Pretenses)

A

The victim must actually be deceived by, or act in reliance on, the misrepresentation, and this must be a major factor (or sole cause) of the victim passing title to the defendant

NOTE – Under MPC and model view, the misrepresentation can relate to future performance (false promise to perform in the future)

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15
Q

Intent to Defraud (False Pretenses)

A

Depending on the statute, the defendant must have known the statement to be false or have intended that the victim rely on the misrepresentation

Most states hold a defendant knew of the falsity of a statement when, after being put on notice of the high probability of the statement’s falsity, they deliberately avoided learning the truth

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16
Q

False Pretenses v. Larceny

A

In larceny, the defendant only gets custody of the property

In false pretenses, the defendant gets title (ownership) of the property

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17
Q

Larceny by Trick

A

If the victim was tricked - by a misrepresentation of fact - into giving up mere custody of property, the crime is larceny by trick.

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18
Q

Robbery

A

Robbery consists of:
–A Taking
–Of Personal Property of another
–From the other’s person or presence (including anywhere in the 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

Specific Intent to Steal

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19
Q

Presence Requirement (Robbery)

A

The victim’s presence includes a location reasonably close to the victim - for example rooms in a house other than the room in which the victim is located

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20
Q

Force and Threat Requirement (Robbery)

A

Force – any amount of force sufficient to overcome resistance is sufficient

Threats – the threat must be of immediate death or physical injury

If a person obtains property through threats of future harm, they commit extortion not robbery

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21
Q

GA Armed Robbery

A

GA provides for the offense of armed robbery

this is committed when, with the intent to commit theft, a person takes property of another from the other’s person or immediate presence by use of an offensive weapon, or by use of any replica or device having the appearance of such a weapon

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22
Q

Extortion

A

Common law extortion consists of the corrupt collection of an unlawful fee by an officer under color of office

Under modern statutes, extortion consists of obtaining property by means of threats to do harm or to expose information

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23
Q

Extortion v. Robbery

A

Extortion differs from robbery because in extortion the threats may be of future harm and the taking does not have to be in the presence of the victim

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24
Q

GA Theft by Extortion

A

Extortion is known as theft by extortion in GA

It is committed by unlawfully obtaining property of or from another person by threatening to:
1) inflict bodily injury on someone (or to commit any other criminal offense)
2) accuse someone of a criminal offense
3) Disseminate information tending to subject a person to hatred, contempt, or ridicule, or to impair their credit or business reputation
4) take or withhold action as a public official or cause an official to take or withhold action
5) bring about or continue to strike, boycott, or other collective unofficial action where the property is not obtained for the benefit of the group in whose interests the defendant purports to act
6) testify or provide information (or withhold information) with respect to another’s legal claim or defense

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25
Q

Forgery

A

Forgery consists of:
–Making or altering (by drafting, adding, or deleting)
–A writing with apparent legal significance
–so that it is false (representing that it is something that it is not)
–With the intent to defraud

NOTE: no one actually needs to have been defrauded

26
Q

Fraudulently Obtaining Another’s Signature (forgery)

A

If the defendant fraudulently causes a third person to sign a document that the third person does not realize they are signing, forgery has been committed (fraud in execution)

If the third person realizes they are signing the document, forgery has not been committed even if the third person was induced by fraud to sign it (fraud in inducement)

27
Q

Uttering A Forged Instrument

A

Uttering a forged instrument consists of (1) offering as genuine (2) an instrument that may be the subject of forgery and is false (3) with the intent to defraud

28
Q

Forgery in GA

A

GA has four different degrees of forgery (1st, 2nd, 3rd, 4th)

29
Q

GA First Degree Forgery

A

A person commits forgery in the first degree when, with the intent to defraud, the person (1) knowingly makes, alters, or possesses any writing other than a check, (2) in a fictitious name or in such manner that the writing purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority, and (3) utters or delivers such writing

30
Q

GA Second Degree Forgery

A

Forgery in the second degree consists of all the elements of forgery in the first degree, except there is no requirement that the defendant have uttered or delivered the writing

31
Q

GA Third Degree Forgery

A

A person commits forgery in the third degree when, with the intent to defraud, the person knowingly makes, alters, possesses, utters, or delivers any check written in the amount of $1,500 or more - or possesses 10 or more checks without specified amounts - in a fictitious name or in such manner that the check purports to have been made by another person, at another time, with different provisions, for by authority of one who did not give such authority

32
Q

GA Fourth Degree Forgery

A

Forgery in the fourth degree consists of all the elements of forgery in the third degree except that (1) the check may be for less than $1,500 or (2) possession may be of fewer than 10 checks

33
Q

Theft

A

The MPC and many states (including GA) have consolidated the common law property crimes of larceny, embezzlement, false pretenses, and larceny by trick into a single offense known as theft

Under these statute, the seriousness of the offense is determined by the value of the property taken.

34
Q

What are GA’s different Theft Crimes

A

1) Theft by Taking
2) Theft by Deception
3) Theft by Conversion
4) Theft of Services
5) Theft of Lost or Mislaid Property

35
Q

GA Theft by Taking

A

A person commits theft by taking when the person unlawfully takes - or, being in lawful possession thereof, unlawfully appropriates - any property of another with the intent of depriving them of the property, regardless of the manner in which the property is taken or appropriated.

36
Q

GA Theft by Deception

A

Theft by Deception consists of obtaining property by deceitful means or artful practice with the intent of depriving the owner of the property.

37
Q

GA Theft by Conversion

A

A person commits theft by conversion when, having lawfully obtained another’s funds or other property having a replacement cost of $100 or more, under an agreement or obligation to make a specific application or disposition of such property, the person knowingly coverts the property to their own use in violation of the agreement or other obligations.

38
Q

GA Theft of Services

A

Theft of Services consists of knowingly obtaining services, accommodations, entertainment, or the use of personal property that is available only for compensation by deception and with the intent to avoid payment.

39
Q

GA Theft of Lost or Mislaid Property

A

A person commits theft of lost or mislaid property when the person comes into control of property that they know or learn to have been lost or mislaid, and appropriates the property to their own use without first taking reasonable measures to restore the property to the owner.

40
Q

GA Affirmative Defenses to Theft Crimes

A

1) the defendant was unaware that the property or service was that of another

2) the defendant acted under an honest claim of right to the property or service or under a right to acquire or dispose of it as they did

3) the defendant took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.

41
Q

Burglary

A

At common law, burglary is the breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein

42
Q

Breaking (burglary)

A

A breaking is the creating or enlarging of an opening by at least minimal force, fraud, or intimidation (breaking can be actual or constructive)

Actual Breaking – breaking a window, opening a window, or opening a door. HOWEVER, it does not include climbing through an already open window or entering with permission.

Constructive Breaking – breaking by fraud, threat, or intimidation

43
Q

Entering (Burglary)

A

An entering occurs when any part of the body of the defendant or any instrument used to commit the crime crosses into the structure

44
Q

Dwelling

A

A dwelling is a house where someone regularly sleeps

45
Q

At Night (Burglary)

A

At common law, the burglary has to be at night (look for clues like “the sun having set”)

46
Q

Intent to Commit a Felony Therein (Burglary)

A

The intent to commit the felony therein must exist at the time of the breaking and entering

47
Q

Modern Statutory Changes to Burglary

A

modern statutes eliminate many of the technicalities including the requirement of a breaking, that the structure be a dwelling, that the act occur at nighttime, ant that there be an intent to commit a felony therein.

48
Q

GA Burglary

A

In GA, Individual commit burglary by:
1) entering or remaining;
2) Within an occupied or unoccupied building or structure;
3) without authority
4) with the intent to commit a felony or any theft therein

(much more broader than common law)

49
Q

GA Home Invasion

A

In GA, individuals commit home invasion (felony) when
1) they enter the lawfully occupied dwelling of another;
2) without authority;
3) while armed with a deadly weapon;
4) with the intent to commit a forcible felony or misdemeanor therein

50
Q

Arson

A

Common Law arson consists of:
1) the malicious (intentional or reckless disregard of an obvious risk)
2) burning (requires some damages to structure caused by fire)
3) of the dwelling
3) of another

51
Q

Malice (arson)

A

No specific intent is required

Acting with a reckless disregard of an obvious risk that the structure would burn will suffice for arson culpability

52
Q

Damage Required (Arson)

A

It requires that some material wasting occur

Charring is sufficient

HOWEVER, blackening by smoke or discoloration by heat (scorching) is not sufficient

53
Q

Housburning

A

at common law, the building had to be the house of another - one could not be guilty of burning one’s own house

The common law misdemeanor of houseburining consists of (1) a malicious (2) burning (3) of one’s own dwelling (4) if the structure is situated either in a city or town, or so near to other houses as to create a danger to them

54
Q

How has GA modified common law arson

A

GA has established three different degrees of arson

55
Q

GA First Degree Arson

A

First degree arson is committed when a person, by fire or explosive, knowingly damages (or causes, aids, advises, or procures another to damages):

1) a dwelling house of another without the other’s consent
2) a building or other structure designed for use as a dwelling (motor home)
3) a dwelling or other structure that is insured against fire
4) a dwelling house or other structure with intent to defeat or defraud the rights of a spouse or co-owner
5) a building or other structure where danger to human life is reasonably foreseeable

56
Q

GA Second Degree Arson

A

Second degree arson is committed as to any building, vehicle, or other structure not included in first degree arson when, by fire or explosive, a defendant knowingly damages (or causes, aids, …) any structure of another without consent.

57
Q

GA Third Degree Arson

A

Third degree arson consists of knowingly damaging, by fire or explosive, personal property work at least $25:

1) of another without consent
2) if the property is insured against fire loss
3) if done with intent to defeat or defraud the rights of a spouse or co-owner

58
Q

Possession of Contraband Required Act

A

When a statute criminalizes possession of contraband, possession means control for a period of time long enough to have an opportunity to terminate possession

59
Q

Constructive Possession (contraband)

A

The contraband need not be in the defendant’s actual possession, so long as it is close enough for the defendant to exercise dominion and control over it

(middleman in a drug deal who transports the drugs in a truck)

60
Q

Mental State (Contraband)

A

Absent a mental state requirement in the statute, the defendant must be aware of their possession of the contraband, but they need not be aware of its illegality

If a mental state is required, the defendant may not consciously avoid learning the true nature of the item possessed - knowledge may be inferred from a combination of suspicious and indifference to the truth

61
Q

Receipt of Stolen Property

A

Receipt of Stolen property consists of:
1) Receiving possession and control
2) of stolen personal property
3) known to have been obtained in a manner constituting a criminal offense
4) by another person
5) with the intent to permanently deprive the owner of their interest in it

NOTE– property recovered by the police and then used in a sting operation is not stolen property for the purposes of this crime - property must have stolen status at the time the defendant it is received by the defendant

NOTE – manual possession is not necessary – the defendant possesses the property when it is put in a location designated by them or they arrange a sale for the thief to a third party (fencing)

62
Q

GA Theft by Receiving Stolen Property

A

Receipt of Stolen property in GA is classified as Theft

A person commits theft by receiving stolen property when the person (1) receives, disposes of, or retains stolen property (2) that the person knew or should have known was stolen

Criminal Law (10 decks)

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