Property Offenses Flashcards
Honest Mistake role in Property crimes
An honest mistake negates required intent, no matter how unreasonable (though jury is unlikely to believe)
Define “Possession” in property law crime.
Possession is physical control and the right to exclude others. (General authority over object - more than custody).
Define “Custody” in property law crime.
Custody is physical entrustment subordinate to the right of others. Limited authority - usually low level employees (less authority than possession).
Larceny: Elements.
(1) Trespassory (without consent) (2) taking and (3) carrying away of the (4) personal property (5) of another (6) with the intent to permanently (or for an unreasonable length of time) deprive the owner.
- # 2 explained: Taking of personal property capable of possession. Realty and fixtures (e.g., crops) cannot be the subject of larceny, unless severed (harvested crops). Gas & electricity considered pers. prop. Slightest movement sufficient.
- # 3 explained: An innocent agent’s act of carrying away is ascribed to the principal.
- # s 4 + 5 explained: Larceny is a crime against possession of property (can steal from a thief; can steal property you own if one in possession has higher order than you - bailee)
- # 6 Intent to permanently deprive required at the time of taking
What is not subject to larceny?
- Wrongfully obtained services do not give rise to larceny
- Co-owned property (partnership) is not subject to larceny or embezzlement by a co-owner
- Abandoned property (because no deprivation of owner), EXCEPT…
- Lost property, if finder intends to permanently deprive its owner and knows, or has reason to believe he can learn, the owner’s identity at moment of possession.
- Misdelivered property, if recipient realizes mistake and decides to steal at time of delivery.
Defenses to larceny
Intent to return: Δ takes property with intent to return unconditionally w/in reasonable time, UNLESS Δ changes his mind and decides not to return it (“continuing trespass”)
Claim of right: Δ takes property as repayment of debt, done openly with explanation
Mistake: If honest mistake. Such mistake may be unreasonable. (belief that it is yours is not larceny).
Embezzlement
Intentional fraudulent conversion or misappropriation of another’s personal property by one in lawful possession (e.g., entrusted, having custody)
Δ obtains title by conversion, a serious interference with owner’s rights - no personal gain required. No movement required.
Defenses to embezzlement
Intent to restore: the exact same property obtained (not an equivalent property, even restoring the same value of money is insufficient since it is different money)
Claim of right: Belief that collecting debt negates intent.
Larceny by trick
Obtaining custody or possession of another’s personal property by a fraudulent representation by Δ with intent to defraud the other (e.g., misrepresentation of fact, false promises, deceit).
Owner is the one to give possession to Δ with consent, rather than Δ physically taking it.
False pretense
(i) obtaining title; (ii) to the property of another; (iii) by an intentional (or, in some states, knowing) false statement of past or existing fact; (iv) with intent to defraud the other.
MPC: Any false representation is sufficient, including false promise to perform in future
DEFENSES: intent to restore same property, claim of right (see above).
Compare “larceny by trick” and “false pretenses”
Same: Owner GIVES property (cf. larceny and embezzlement where P takes from owner).
Different:
- trick: gets POSSESSION by any trick (asking to borrow).
- pretense: gets TITLE by misrep. of past/present fact (lying about worth).
Receipt of stolen property
Δ receives possession of stolen personal property, where Δ knew or believed it was stolen by another, with the intent to deprive the owner of his interest in the property.
- May infer knowledge or belief from abnormally low price (e.g., 1/4 cheaper)
- Once police intercepts stolen property, it loses its character as stolen property, but Δ may be guilty of attempted receipt of stolen property if he intended to receive it, believing it was stolen. (must be stolen good at time of receipt).
- DEFENSES (negate belief of source): mistake of fact, claim of right (see above).
Robbery
(larceny+): Taking personal property of another from the person or presence of person (area of control or vicinity) with intent to permanently deprive by force or threat of imminent physical injury or death
Force or threat of force (actual fear) can be made to relatives, companions, or homes. Force may be applied via sedatives
Aggravated robbery: Robbery with a deadly weapon (or creation of such belief, e.g., with empty gun).
Extortion
Obtaining property by threat of harm or exposing information (need not be immediate or in V’s presence)
*Different from robbery - threat of FUTURE harm and taking doesn’t have to be in their presence.
Also known as blackmail. Claim of right is NOT a defense
Forgery
- Making or altering (by drafting, adding, or deleting)
- A writing with apparent legal significance (for example, a contract,
not a painting) - So that it is false; that is, representing that it is something that it
is not, not merely containing a misrepresentation (for example, a
fake warehouse receipt, but not an inaccurate real warehouse
receipt) - With intent to defraud (although no one need actually have been
defrauded)
Examples: convincing another to sign a document he doesn’t realize he’s signing, altering a document
Not merely containing an inaccuracy or misrepresentation on a document that is itself otherwise genuine
Uttering: (1) offering as genuine; (2) an instrument that may be the subject of forgery and is false; (3) with intent to defraud. If successful, Δ may liable for false pretenses.
