Property Offenses Flashcards

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1
Q

Larceny

A

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

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2
Q

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

A

at the time of the taking

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3
Q

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

A

common law larceny

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4
Q

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

A

No

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5
Q

Embezzlement

A

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

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6
Q

Who is the most common form of embezzler?

A

a trustee of a trust

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7
Q

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

A

no

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8
Q

False Pretenses

A

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

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9
Q

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

A

future

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10
Q

Robbery

A

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.

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11
Q

Extortion

A

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

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12
Q

Forgery

A

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

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13
Q

What kinds of writing are subject to forgery?

A

any writing that has apparent legal significance.

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14
Q

Burglary

A

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

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15
Q

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

A

No, it can be actual or constructive.

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16
Q

Actual Breakings

A

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

17
Q

Constructive Breaking

A

a breaking by fraud or threat.

18
Q

What kind of structures can be broken into?

A

dwellings. Barns and commercial buildings cannot be broken into

19
Q

When must the intent to commit a felony be present?

A

at the time of the break in, not after.

20
Q

Arson

A

a malicious burning of the dwelling of another.

21
Q

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

A

scorching; charring

22
Q

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

A

No, because it must be a dwelling.

23
Q

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

A

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

24
Q

Receipt of Stolen Property

A

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.

25
Q

Malicious Mischief

A

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