Property Offenses Flashcards
Larceny
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.
Embezzlement
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
False pretenses
Activity - Obtaining title to property
Method - By consent induced by fraudulent misrepresentation
Intent - with intent to defraud
Title - passes
Robbery
Activity - taking of property from another’s presence
Method - by force or threat of force
Intent - with intent to steal
Title - does not pass
Larceny - Custody v. Possession
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.
Larceny - Intent to permanently deprive
larceny requires that at the time of the taking the defendant intended to permanently deprive a person of their property.
Larceny - sufficient intent
Intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
Larceny - Insufficient Intent
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.
Larceny - Abandoned, Lost, or Mislaid Property
Larceny can be committed with lost or mislaid property or property that has been delivered by mistake, but not with abandoned property.
Larceny - Continuting Trespass Situation
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.
Larceny v. Embezzlement - Distinguish
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.
Embezzlement - Fraudulent Intent
D must intend to defraud.
Embezzlement - Intend to Restore
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.
Embezzlement - Claim of Right
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.
False Pretenses - Misrepresentation Required
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.
False Pretenses - Intent to Defraud
D must have either known that the statement was false or have intended that the victim rely on the misrepresentation.
Larceny by Trick v. false pretenses
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
Robbery v. Larceny
Robbery differs from larceny because robbery requires that the defendant use force or threats to obtain or retain the victim’s property.
Extortion
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.
Robbery v. Extortion
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.
Receipt of Stolen Property
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.
Receipt of Stolen Property - Possession
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).
Receipt of Stolen Property - “Stolen” Property
Must have been stolen property at the time the defendant receives it.
Theft
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.
Forgery
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.
Burglary
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.
Burglary - Breaking
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.
Burglary - CL Dwelling
the dwelling cannot be a barn or a commercial structure.
Burglary - Intent to commit felony therein
Intent to commit the felony must exist at the time of the breaking and entering.
Arson
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.
Arson - Malice
No specific intent is required. Acting with a reckless disregard of an obvious risk that the structure would burn will suffice for arson culpability.
Arson - Damage
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.
