Property Offenses

Question 1

Larceny - Elements

Answer 1

Consists of:
- a taking (obtaining control)
- and carrying away (asportation, slightest movement is enough)
- of tangible personal property
- of another with possession
- by trespass (w/o consent or by consent induced by fraud)
- w/ intent to permanently deprive that person of the interest in the property

Question 2

Larceny - Tangible Personal Property

Answer 2

• excludes realty, services, + intangibles
• BUT includes written instruments embodying tangible rights (ex: stock certificates)

Question 3

Larceny - Possession

Answer 3

• property must be taken from the custody or possession of another
• if def had property at time of the taking, the crime isn’t larceny, but may be embezzlement

Question 4

Custody vs. Possession

Answer 4

• possession involves greater scope of authority to deal w/ the property than custody
• generally possession if discretionary authority over the property, but custody if given only limited authority
• low level employees usually only have custody of employer’s property -> guilty of larceny for taking it

Question 5

Bailee and “Breaking Bulk”

Answer 5

• bailee generally has possession -> may be guilty of embezzlement for taking property
• BUT if bailee opens closed containers in which property placed by bailor (“breaking bulk”) possession seen as returning to bailor + bailee guilty of larceny if they then take that property

Question 6

Larceny - Intent

Answer 6

• generally requires that def intend to permanently deprive person of their property at T of taking
• sufficient if intent is to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
• insufficient if def believes the property they’re taking is theirs or intend only to borrow or keep as repayment of debt
• may have larceny where def intends to pay for goods (if the goods weren’t intended for sale) or intends to collected reward from owner (if no intent to return absent reward)

Question 7

Larceny - Abandoned, Lost or Mislaid Property

Answer 7

• larceny can be committed w/ lost or mislaid property or property delivered by mistake, BUT not w/ abandoned property

Question 8

“Continuing Trespass” Situation

Answer 8

• if def wrongfully takes property w/o intent to permanently deprive, but later decides to keep the property, def is guilty of larceny when they decide to keep it
• BUT not larceny if the original taking was not wrongful (ex: mistakenly took something of someone else’s) and later decides to keep it

Question 9

Embezzlement

Answer 9

• the fraudulent
• conversion (dealing w/ property in a manner inconsistent w/ arrangement by which def has possession)
• of personal property
• of another
• by a person in lawful possession of that property
• note that embezzler doesn’t need to carry away the property or get the benefit of the property embezzled

Question 10

Embezzlement vs Larceny

Answer 10

• def in embezzlement misappropriates the property while they have rightful possession
• def in larceny misappropriates property NOT in their possession

Question 11

Embezzlement - Intent

Answer 11

• def must intent to defraud
• if def intends to restore the exact property taken, it’s not embezzlement
• BUT if def intends to restore similar or substantially identical property, it IS embezzlement, even if it was money initially taken + other money of identical value they intended to return

Question 12

Embezzlement - Claim of Right

Answer 12

• e not committed if conversion is pursuant to claim of right to the property
• important whether def took the property openly

Question 13

False Pretenses

Answer 13

• obtaining title
• to personal property of another
• by an intentional false statement of a past or existing fact
• w/ intent to defraud the other

Question 14

False Pretenses- Misrepresentation

Answer 14

• victim must actually be deceived by or act in reliance on the misrepresentation, AND must be a major factor in victim’s passing title to def

Question 15

False Pretenses - Intent

Answer 15

• depending on the particular statute, def must either have known the statement to be false or have intended that the victim rely on the misrepresentation

Question 16

Larceny by Trick

Answer 16

• victim tricked into giving up mere custody or possession of property
• vs false pretenses is where tricked into giving up title (i.e. ownership)

Question 17

Robbery

Answer 17

• 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 (note that the threat must be of imminent harm)
• w/ intent to permanently deprive them of it
• in order for it to be robbery, victim needs to give up property b/c feel threatened (any other reason, def could be guilty of attempt, but not robbery)

Question 18

Robbery vs. Larceny

Answer 18

• robbery requires use of force or threats to obtain the property

Question 19

Extortion

Answer 19

• common law - corrupt collection of an unlawful fee by an officer under color of office
• modern law - obtaining property by means of threats to do harm or expose info
• under some statutes, crime complete when threats made w/ intent to obtain property (the property itself need not be obtained)

Question 20

Extortion vs. Robbery

Answer 20

• extortion threats may be of future harm + taking doesn’t have to be in presence of victim

Question 21

Receipt of Stolen Property

Answer 21

• receiving possession (manual possession not necessary) + control
• of stolen personal property
• known to have been obtained in a manner constituting a criminal offense
• by another person
• w/ the intent to permanently deprive the owner of their interest in it

Question 22

Theft

Answer 22

• many modern statutes combine property offenses into “theft”

Question 23

Forgery

Answer 23

• making or altering (by drafting, adding or deleting)
• writing with apparent legal significance
• so that it is false (representing that it is something it’s not, not just containing a misrepresentation)
• w/ intent to defraud (although no one need actually have been defrauded)

Question 24

Forgery - Signatures

Answer 24

• if def fraudulently causes a third person to sign a doc that the third person doesn’t realize they’re signing, a forgery has been committed
• vs if third person realizes they’re signing the doc, forgery NOT committed even if the third person was induced by fraud to sign

Question 25

Uttering a Forged Instrument

Answer 25

• offering as genuine
• an instrument that may be the subject of forgery and is false
• w/ intent to defraud

Question 26

Burglary - Common Law

Answer 26

Common law consists of:
- a breaking
- and entry
- of a dwelling
- of anoher (ownership irrelevant, occupancy by someone other than def is all that is required)
- at nighttime
- w/ intent to commit a felony in the structure (need not be carried out)

Question 27

Burglary - Modern

Answer 27

• statutes often eliminate “technicalities” -breaking, dwelling, nighttime, + intent to commit felony (misdemeanor enough)

Question 28

Burglary - Breaking

Answer 28

• creating or enlarging an opening by at least minimal force, fraud, or intimidation
• if def had resident’s consent to enter, it’s not breaking
• can be actual (involving some force) or constructive (fraud or threat)
• not breaking to enter uninvited through open window, but is breaking to push open interior door

Question 29

Arson - Common Law

Answer 29

• the malicious (intentional or with reckless disregard of an obvious risk)
• burning (requiring some damage to the structure caused by fire)
• of the dwelling
• of another

Question 30

Arson - Modern

Answer 30

• most states have expanded definition to include damage caused by explosion
• also expanded types of property to be destroyed (MBE q’s often assume this aspect)

Question 31

Arson - Intent

Answer 31

• no specific intent is required
• just need reckless disregard of an obvious risk that the structure would burn