Property offenses Flashcards
Larceny
A taking and carrying away of
tangible personal property of another with possession
by trespass (without consent or by consent induced by fraud)
with intent to permanently deprive that person of their interest in the property
Asporation - larceny
The slightest movement of the property is enough for bar exam purposesP
Possession - larceny
The property must be taken from the custody or possession of another
If the defendant had possession of the property at the time of the taking, the crime is not larceny, but may be embezzlement
Custody vs possession
Possession involves a greater scope of authority to deal with the property than does custody
Possession if given discretionary authority over the property
Custody if they were given only limited authority over the property
Intent to permanently deprive - larceny
At the time of the taking, the defendant intended to permanently deprive a person of their property
Intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner, is sufficient
But insufficient intent if the def 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
May be intent
- if def intends to pay for the goods and the goods were not for sale or
- intends to collect a reward from the owner if there is no intent to return the goods absent a reward
Larceny and 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
Continuing trespass
If the defendant wrongfully takes property without the intent to permanently deprive and later decides to keep the property, larceny when they decide to keep it
If the original taking was not wrongful and later decides to keep it, it is not larceny
Embezzlement
The fraudulent conversion of personal property of another by a person in lawful possession of that property
conversion - dealing with property in a manner inconsistent with the arrangement by which defendant has possession
Defendant must intend to defraud
Embezzlement vs larceny
embezzlement - defendant misappropriates property while it is in their rightful possession
Larceny - defendant misappropriates property not in their possession
Intent to restore - embezzlement
If the def intends to restore the exact property taken, it is not embezzlement
But if def intends to restore similar or substantially identical property, it is embezzlement
- even if it was money that was initially taken and other money of identical value that they intended to return
Claim of right - embezzlement
As in larceny, embezzlement is not committed if the conversion is pursuant to a claim of right to the property
Whether defendant took the property openly is an important factor
Notes for bar exam on embezzlement
A trustee is often the MBE embezzler
A person does not have to carry away to be an embezzler, just the possession of the property is required
The embezzler does not have to get the benefit
False pretenses
Obtaining title to personal property of another by an intentional false statement of a past or existing fact with intent to defraud the other
Misrepresentation and false pretenses
The victim must actually be deceived by, or act in reliance on, the misrepresentation
- and this is the major or the sole cause of the victim passing title to the defendant
Common law - defendant’s misrepresentation must have related to a past or present fact and false promises to do something in the future, even without the present intent to perform, were not sufficient
Under MPC and modern prevailing view, any false representation suffices, including a false promise to perform in the future
Larceny by trick vs 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 the property, the crime is false pretenses
Robbery
A taking of personal property of another from the other’s person or presence (including anywhere in their 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
- what makes this different from larceny
- victim must give up their property because they feel threatened
With the intent to permanently deprive them of it
Presence - robbery
The presence requirement of robbery is very broadly drawn
Would cover a farmer tied up in his barn while robber took things from his home
Extortion - common law
Common law extortion consists of the corrupt collection of an unlawful fee by an officer under color of office
Extortion - modern statutes
Extortion (blackmail) often consists of obtaining property by means of threats to do harm or to expose information
Under some statutes, the crime is complete when threats are made with the intent to obtain property - property need not be obtained
Extortion vs robbery
Extortion - 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
- stolen property at the time the defendant receives it
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
Attempted receipt of stolen property
Defendant can be convicted of attempted receipt of stolen property if they intended to receive the property while believing it to be stolen
Theft
Under many modern statutes and the MPC, some or all of the property offenses are combined and defined as the crime of theft
Forgery
Making or altering (by crafting, adding, or deleting)
A writing with apparent legal significance (key phrase)
So that it is fake - representing that it is something that it is not, not merely containing a misrepresentation
With intent to defraud - no one need actually have been defrauded
