Property Offenses

Question 1

Larceny

Answer 1

a wrongful taking of another’s property by trespass with intent to permanently deprive.

Question 2

The intent to permanently deprive someone of their property must exist when in order to be found guilty of larceny?

Answer 2

at the time of the taking

Question 3

Where someone takes property without the intent to permanently deprive, and later decides to keep it, what are they guilty of?

Answer 3

common law larceny

Question 4

Is taking property in the belief that it belongs to you larceny?

Answer 4

No

Question 5

Embezzlement

Answer 5

the fraudulent conversion of property of another which the embezzler already had possession of.

Question 6

Who is the most common form of embezzler?

Answer 6

a trustee of a trust

Question 7

Must an embezzler receive the benefit of the embezzled property in order to be guilty of embezzlement?

Answer 7

no

Question 8

False Pretenses

Answer 8

the defendant persuades the owner of property to convey title by false pretense.

Question 9

A false promise to do something in the _________ is not enough to be guilty of false pretenses.

Answer 9

future

Question 10

Robbery

Answer 10

the taking of personal property of another from the other person’s presence, by force or threat with the intent to permanently deprive him of it.

Question 11

Extortion

Answer 11

knowingly seeking to obtain property or services by means of a future threat.

Question 12

Forgery

Answer 12

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

Question 13

What kinds of writing are subject to forgery?

Answer 13

any writing that has apparent legal significance.

Question 14

Burglary

Answer 14

breaking and entering a dwelling of another at night with the intent to commit a felony therein.

Question 15

Must there be actual physical damage for there to be a “breaking” and entering?

Answer 15

No, it can be actual or constructive.

Question 16

Actual Breakings

Answer 16

where someone forces their way into a dwelling, whether through simply pushing open a door or smashing a window.

Question 17

Constructive Breaking

Answer 17

a breaking by fraud or threat.

Question 18

What kind of structures can be broken into?

Answer 18

dwellings. Barns and commercial buildings cannot be broken into

Question 19

When must the intent to commit a felony be present?

Answer 19

at the time of the break in, not after.

Question 20

Arson

Answer 20

a malicious burning of the dwelling of another.

Question 21

_______________ is insufficient for a finding of arson, but _______________ is sufficient.

Answer 21

scorching; charring

Question 22

Can one be guilty of arson by burning down another’s barn?

Answer 22

No, because it must be a dwelling.

Question 23

Can one be guilty of arson for burning down one’s own home?

Answer 23

No, at CL it had to be someone else’s home.

Question 24

Receipt of Stolen Property

Answer 24

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 the interest in it.

Question 25

Malicious Mischief

Answer 25

the malicious destruction of or damage to the property of another.