Property Offenses

Question 1

Doctrine of Recent Possession

Answer 1

If you are found in possession of stolen goods that are the subject of a recent theft, the presumption is that you stole them

Question 2

Can larceny of lost property occur?

Answer 2

Yes, if there is a reasonable means of ascertaining the owner of lost property

Question 3

Shoplifting/Concealment of Merchandise occurs when?

Answer 3

1. conceal goods or merchandise in a store
   +
2. without permission from owner

-do not need intent to permanently deprive

Question 4

The larceny will be felonious if:

4

Answer 4

1. you steal > 1000
2. coupled with a burglary or breaking in entering
3. you steal a gun or explosive
4. pick-pocketing

Question 5

To prove embezzlement under North Carolina law, the following must be established:
(4)

Answer 5

1. fraudulently used
2. property of another
3. that has been entrusted to you
4. for a means other than how it was entrusted (conversion)

Question 6

Common-law robbery in N.C. is

3

Answer 6

1. commit larceny
\+
2. from the person or in presence of the person
\+
3. by violence or intimidation

Question 7

Armed robbery in N.C. is:

3

Answer 7

1. commit/attempt larceny
   +
2. from the person or in presence of the prerson
   +
3. by use or threatened us of a firearm or a dangerous weapon (not hands or feet).

Question 8

Under North Carolina law, obtaining property by false pretenses requires the following:

Answer 8

1. false representation of a fact
2. made with intent to deceive
3. actually deceives
4. ∆attempts to obtain something of value

≠ require title to pass

Will also satisfy larceny by trick

Question 9

North Carolina law defines extortion as?

applies to who?

Answer 9

1. any threat made with the intention of wrongfully obtaining anything of value

applies to both the person who’s making and transmitting the threat

Question 10

Receiving Stolen Property knowledge requirement?

Answer 10

≠ actual knowledge that it was stolen

All requires is reasonable conclusion

Question 11

North Carolina defines burglary as:

4

Answer 11

1. dwellings
2. night time activity
3. breaking & entering
4. intent to commit larceny or felony

Question 12

Breaking in B&E satisfied by

Answer 12

slightest of force used to enter any place

can also be fraud or deciet

Question 13

Entering in B&E satisfied by?

Answer 13

Any entry, even a partial entry of body or tool or instrument not used for the breaking

Question 14

The difference between first- and second-degree burglary is that:

Answer 14

First degree: when occupants of dwelling are present

Second degree: when occupants of dwelling are not present

Question 15

What is the term for similar activities that do not meet exactly what fits the statutory definition of burglary.

Answer 15

Crime of Breaking and Entering

Question 16

What does the Crime of Breaking and Entering cover?

Answer 16

The breaking and entering statutes cover railroad cars, motor vehicles, trailers, aircraft, boats, and other buildings.

Question 17

N.C. first degree arson v. second degree arson

Answer 17

First degree: when occupants of dwelling are present

Second degree: when occupants of dwelling are not present