Property Offenses

Question 1

Larceny

Answer 1

Activity - taking and carrying away (asportation) of tangible property from possession of another person.

Method - without consent or with consent obtained by fraud

Intent - With intent to steal/permanently deprive

Title - does not pass.

Question 2

Embezzlement

Answer 2

Activity - conversion of property held pursuant to a trust agreement

Method - use of property in a way inconsistent with terms of trust

Intent - with intent to defraud

Title - does not pass

Question 3

False pretenses

Answer 3

Activity - Obtaining title to property

Method - By consent induced by fraudulent misrepresentation

Intent - with intent to defraud

Title - passes

Question 4

Robbery

Answer 4

Activity - taking of property from another’s presence

Method - by force or threat of force

Intent - with intent to steal

Title - does not pass

Question 5

Larceny - Custody v. Possession

Answer 5

D has possession if they were given discretionary authority over the property and has custody if they were given only limited authority over the property.

Question 6

Larceny - Intent to permanently deprive

Answer 6

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

Question 7

Larceny - sufficient intent

Answer 7

Intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner

Question 8

Larceny - Insufficient Intent

Answer 8

D believes that the property they are taking is theirs or where they intend only to borrow the property or to keep it as repayment of a debt.

Question 9

Larceny - Abandoned, Lost, or Mislaid Property

Answer 9

Larceny can be committed with lost or mislaid property or property that has been delivered by mistake, but not with abandoned property.

Question 10

Larceny - Continuting Trespass Situation

Answer 10

IF the D 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.

Question 11

Larceny v. Embezzlement - Distinguish

Answer 11

Embezzlement differs from larceny because in embezzlement the defendant misappropriates property while it is in their rightful possession, while in larceny the defendant misappropriates property not in their possession.

Question 12

Embezzlement - Fraudulent Intent

Answer 12

D must intend to defraud.

Question 13

Embezzlement - Intend to Restore

Answer 13

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

Must be EXACT - it is embezzlement if D intends to restore similar or substantially identical property; even if it was money that was initially taken and other money, of identical value, that they intended to return.

Question 14

Embezzlement - Claim of Right

Answer 14

Embezzlement is not committed if the conversion is pursuant to a claim of right to the property. Whether D took the property openly is an important factor.

Question 15

False Pretenses - Misrepresentation Required

Answer 15

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

Under MPC (and modern view), any false representation suffices, including a false promise to perform in the future.

Question 16

False Pretenses - Intent to Defraud

Answer 16

D must have either known that the statement was false or have intended that the victim rely on the misrepresentation.

Question 17

Larceny by Trick v. false pretenses

Answer 17

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

Question 18

Robbery v. Larceny

Answer 18

Robbery differs from larceny because robbery requires that the defendant use force or threats to obtain or retain the victim’s property.

Question 19

Extortion

Answer 19

CL - consists of the corrupt collection of an unlawful fee by an officer under color of office.

Modern Statutes - consists of obtaining property by means of threats to do harm or to expose information.

Question 20

Robbery v. Extortion

Answer 20

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.

Question 21

Receipt of Stolen Property

Answer 21

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.

Question 22

Receipt of Stolen Property - Possession

Answer 22

manual possession is not necessary. The D possesses the property when it is put in a location designated by them or they arrange a sale for the thief to a third person (fencing).

Question 23

Receipt of Stolen Property - “Stolen” Property

Answer 23

Must have been stolen property at the time the defendant receives it.

Question 24

Theft

Answer 24

Under MPC and modern statutes some or all of the property offenses are combined and defined as a the crime of theft.

Property offenses included - Larceny, embezzlement, false pretenses, robbery, extortion, and receipt of stolen property.

Question 25

Forgery

Answer 25

The making or altering of a false writing with intent to defraud.

Making/Altering - drafting adding, or deleting

Writing - with apparent legal significance (contract)

False - representing that it is something that it is not, not merely containing a misrepresentation.

Intent to Defraud - no one need actually have been defrauded.

Question 26

Burglary

Answer 26

CL - A breaking, and entry, of a dwelling, of another, at nighttime, with the intent to commit a felony in the structure.

Modern Statutes often eliminate many of the technicalities of CL burglary, including the requirements of a breaking, that the structure be a dwelling, that the act occur at nighttime, and that the intent be to commit a felony.

Question 27

Burglary - Breaking

Answer 27

the breaking may be actual or constructive

Actual - It is not an actual breaking for a person to come uninvited through a wide open door or window. A person pushes open an interior door to another room then a breaking exists.

Constructive - a breaking by fraud or threat.

Question 28

Burglary - CL Dwelling

Answer 28

the dwelling cannot be a barn or a commercial structure.

Question 29

Burglary - Intent to commit felony therein

Answer 29

Intent to commit the felony must exist at the time of the breaking and entering.

Question 30

Arson

Answer 30

CL - the malicious burning of the dwelling of another.

Malicious - intentional or with reckless disregard of an obvious risk

Burning - requiring some damage to the structure caused by fire.

MPC and modern statutes have modified the CL rules. Most states have expanded the definition of arson to include damage caused by explosion, and expanded the types of property that may be destroyed to include commercial structures, cars, trains, etc.

Question 31

Arson - Malice

Answer 31

No specific intent is required. Acting with a reckless disregard of an obvious risk that the structure would burn will suffice for arson culpability.

Question 32

Arson - Damage

Answer 32

Destruction of the structure, or even significant damage to it, is not required to complete the crime of arson. Mere blackening by smoke or discoloration by heat (scorching) is not sufficient, but mere charring is sufficient.