Property Offenses**

Question 1

Larceny

Answer 1

1)Taking and carrying away
2) of tangible personal property of another
3) by trespass (w/o true consent)
4) with intent to permanetly deprive

Slightest movement of the property is enough. “Carrying away” is basically a non factor”

Question 2

Larceny and possession

Answer 2

Property msut be taken from the CUSTODY or POSSESSION of another. If D has POSSESSION at time of taking, it’s not larceny (but may be embezzlement.

Question 3

Custody vs possession (larceny)

Answer 3

Possession = discretionary authority over property

Custody = limited authority over property.

Low level employees typically only have custody of employer’s property.

Question 4

Intent to Permanetntly deprive (larceny)

Answer 4

At time of taking.

Sufficient = an intent to create a substantial risk of loss; intent to sell or pledge the goods to the owner

Insufficient = D believes property is theirs; intent to borrow; keep it as replayment of a debt

Grey area = intends to pay for goods that aren’t for sale; intends to collect a reward from the owner before returning

Question 5

Abandoned, Lost, or Mislaid Property (Larceny)

Answer 5

Taking lost or mislaid property that has been delivered by mistake can be larceny.

Taking abandoned property cannot be.

Question 6

Continuning Trespass Theory (larceny)

Answer 6

D wrongfully takes property w/o intent to permanently deprive BUT later decides to keep it = Larceny

BUT if original taking was not wrongful (such as mistake) and later decides to keep = NOT larceny

Question 7

Embezzlement

Answer 7

1) the fradulent (intent)
2) conversion
3) of personal property
4) of another
5) by a person in lawful possession of that property

Question 8

Embezzlement vs Larceny

Answer 8

Embezzlement = the D missappropriates property while it is in their RIGHTFUL POSSESSION

Larceny = D misappropriates property NOT in their possesion

Question 9

Intent to Restore (Embezz)

Answer 9

If D intends to restore EXACT property taken, not embzz.

BUT if D intends to restore similiar/identitcal property, IS embzz. Even if it was money taken and identical value returned.

Question 10

Claim of RIght (embzz)

Answer 10

Not committed if conversion took place pursuant to a claim of right to the property.

Question 11

False Pretenses

Answer 11

1) Obtaining title
2) to personal property of another
3) by an intentional false statement of a past or existing fact
4) with intent to defraud the other

Question 12

Misrepresentation required (FP)

Answer 12

Victim must actually be decieved by or act in reliance on the misrep. Must be a major factor of the victim passing title to the D.

Question 13

FP vs Larceny by Trick

Answer 13

Larceny by trick: victim gives up custody or possession of property (b/c of at trick)

FP = Victim gives up TITLE to property (b/c of a trick)

Question 14

Robbery

Answer 14

1) A taking
2) of personal property of another
3) from the other’s person or presence
4) by force or threats of immediate death or physical injury (not just to victim)
5) with the intent to permatently deprive them of it

Question 15

Larceny vs Robbery

Answer 15

Robbery uses force or threats

T/f pickpocketing is typically larceny, unless victim notices and resists

Question 16

Force or threat (robbery)

Answer 16

Actions such as ripping a necklace from a peron’s neck will suffice. THreat must be of imminent harm.

Question 17

Armed Robbery

Answer 17

Simulating a deadly weapon makes it armed robbery (finger in bag but say its gun)

Question 18

Extortion under common law

Answer 18

1) Corrupt ocllection
2) of an unlawful fee
3) by an officer
4) under the color of office

Question 19

Exotortion udner modern statutes

Answer 19

1) Obtaining property
2) by means of threats to do harm or expose information

bascially blackmail

Question 20

Extortion vs Robbery

Answer 20

Extortion threat may be of FUTURE harm

Question 21

Receipt of Stolen Property

Answer 21

1) Reciving possession and control
2) Of stolen personal property
3) known to be stolen**
4) by another person
5) with the intent to permanently deprive the owner

manual possession not necessary.

Question 22

Theft

Answer 22

Catchall term

Question 23

Forgery

Answer 23

1) Making or altering
2) a writing (with apparent legal significance**)
3) so that it is false
4) with intent to defraud (just intent)

Question 24

Burglary (Common Law)

Answer 24

1) A breaking
2) an entry (any part of body)
3) of a dwelling (sleeping purposes)
4) of another
5) at nighttime
6) with the intent to commit a felony in the structure (exist at time of B&E)

Question 25

Burglary under modern statutes

Answer 25

Often eliminates many of the technicalities of CL Burglary (breaking, dwelling, nighttime, intent to commit a felony)

Question 26

Breaking (burglary)

Answer 26

Can be actual or constructive

Actual: Not actual if door is wide open (but if he opens a door once inside, it is)

Constructive: by fraud or threat (using key for wrong purpose)

Question 27

Arson

Answer 27

1) The malicious (intentional or reckless disregard. no specific intent req)
2) burning (requires some damage caused by fire) (mere blackening or discloration is insufficient, but charring is)
3) of the dwelling
4) of another

MPC and modern statutes have modified parts out. (dwelling, of another, different types of destruction like explosion)

Question 28

What is obtained (posession, title, etc.) is…

Answer 28

what the victim intended to convey