Property Offenses Flashcards
1
Q
Caption vs Asportation
A
Caption — Obtaining Control or Possession / Taking
- Larceny — requires caption
- If D already has possession at the time of the taking, it is not larceny (but may give rise to embezzlement)
- Robbery
Asportation — Movement / Carrying Away
- moving property or person
- Kidnapping
- Larceny
- minimal
- all parts or portions of the property be moved and that this movement—which need only be slight—be part of the carrying away process
2
Q
Larceny
A
- Taking and carrying away of another’s tangible personal property without consent, and with the intent to permanently dispossess the person of the property
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- Must not have had lawful possession at the time of taking
- Must actually obtain Control (Destruction insufficient)
(2) Asportation
- Moving / Carrying Away
(4) Intent to Steal
(5) Tangible Personal Property
(6) of Another with Possession (or Custody)
_________________________________________
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- If D already has possession at the time of the taking
- Not Larceny
- but may give rise to Embezzlement
- D must actually obtain Control of the property
- Destruction or Movement Insufficient
- Ex — D knocked a glass from X’s hand. It fell and broke. Is D guilty of larceny? No. Although X may have lost possession, D never obtained control. The damage to the item is irrelevant.
- Sufficient If Caused to Occur by Innocent Agent
- Even if D obtains control of the property through the act of an innocent agent
- Ex — D, pointing out a cow in a nearby feld, offers to sell it to X for $10. X gives D the money and then takes the cow. In fact, the cow belonged to Y. D guilty of larceny of the cow? He obtained control of it by virtue of X, an innocent agent of his
- Destruction or Movement Insufficient
(2) Asportation — Moving / Carrying Away
- Sightest movement wilI suffice
(3) Without Consent
- Against V’s free will (i.e., by trespass)
- Fraud or Duress — negates consent
- This element distinguishes Larceny from Larceny by Trick
(4) Intent to Steal
- Permanently (or for an Unreasonable time) Dispossess
- Must exist during taking
- Specific Intent Crime
- Insufficient — not larceny if D takes property as security for a debt owed or believing it belongs to D
- Sufficient — intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
- Continuing Trespass
- If D wrongfully takes property without the intent to permanently deprive (e.g., without permission borrows an umbrella), and later decides to keep the property, D is guilty of larceny when he decides to keep it.
- But, if the original taking was not wrongful (e.g., took the umbrella thinking it was his own) and later decides to keep it, it is not larceny.
(5) Tangible Personal Property
- Doesn’t extend to realty, services, and intangibles
- Can include written instruments embodying intangible rights — e.g., stock certificates
(6) of Another with Possession (or Custody)
- Property must be taken from custody or possession of another
- If D had possession at the time of the taking, the crime is not larceny — but may be embezzlement
- Bailees
- Generally, a bailee has possession and thus may be guilty of embezzlement if he takes the property
- But, if the bailee opens closed containers in which the property has been placed by the bailor (i.e., he “breaks bulk”), the possession is regarded, by use of a fiction, as returning to the bailor, and thus the bailee may then be guilty of larceny if he takes that property
- Abandoned, Lost, or Mislaid Property (“Finding)
- Larceny can arise if the true owner is known or ascertainable
- Must be (i) lost or (ii) misplaced — larceny cannot arise for abandoned property
- Sufficient — property that has been delivered by mistake
3
Q
Intent to Steal
(e.g., Larceny)
A
Larceny requires that at the time of the taking D must have the intent to permanently deprive the person from whom the property is taken of his interest in the property.
- *Sufficient Intent**
1) Intent to Create Substantial Risk of Loss - If D intends to deal with the property in a manner that involves a substantial risk of loss, this is sufficient for larceny.
2) Intent to Pledge Goods or Sell Them to Owner - It is larceny to take goods with the intent to sell them back to the owner or to pledge them, because this involves the substantial equivalent of permanent loss or the high risk of permanent loss.
- *Insufficient Intent**
1) Intent to Borrow - If D intends to return the property within a reasonable time and at the time of the taking has a substantial ability to do so, the unauthorized borrowing does not constitute larceny.
- Note that many states make it a crime to borrow a motor vehicle, even when the borrower fully intends to return it (“joyriding”).
2) Intent to Obtain Repayment of Debt
* It isn’t larceny to take money or goods of another if D honestly believes that he is entitled to them as repayment for a debt of the other (although the goods must not be worth more than the amount of the debt). In these situations, D believes the property is “his” and therefore lacks an intent to deprive someone else of “her” property.
- *Possibly Sufficient**
1) Intent to Pay for Property - If the property taken is not for sale, the fact that D intends to pay the other for it does not negate the larceny. If the property is for sale and D has a specific and realistic intent to repay the person, the taking isn’t larceny
2) Intent to Claim Reward - If D takes goods, intending to return them and hoping for a reward, this is not larceny.
- But — If D takes them not intending to return them unless he is assured of a reward, this is larceny because it creates a substantial risk of loss.
___________________________________________
Larceny
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- Must not have had lawful possession at the time of taking
- Must actually obtain Control (Destruction insufficient)
(2) Asportation
- Moving / Carrying Away
(4) Intent to Steal
(5) Tangible Personal Property
(6) of Another with Possession (or Custody)
_________________________________________
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- If D already has possession at the time of the taking
- Not Larceny
- but may give rise to Embezzlement
- D must actually obtain Control of the property
- Destruction or Movement Insufficient
- Ex — D knocked a glass from X’s hand. It fell and broke. Is D guilty of larceny? No. Although X may have lost possession, D never obtained control. The damage to the item is irrelevant.
- Sufficient If Caused to Occur by Innocent Agent
- Even if D obtains control of the property through the act of an innocent agent
- Ex — D, pointing out a cow in a nearby feld, offers to sell it to X for $10. X gives D the money and then takes the cow. In fact, the cow belonged to Y. D guilty of larceny of the cow? He obtained control of it by virtue of X, an innocent agent of his
- Destruction or Movement Insufficient
(2) Asportation — Moving / Carrying Away
- Sightest movement wilI suffice
(3) Without Consent
- Against V’s free will (i.e., by trespass)
- Fraud or Duress — negates consent
- This element distinguishes Larceny from Larceny by Trick
(4) Intent to Steal
- Permanently (or for an Unreasonable time) Dispossess
- Must exist during taking
- Specific Intent Crime
- Insufficient — not larceny if D takes property as security for a debt owed or believing it belongs to D
- Sufficient — intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
- Continuing Trespass
- If D wrongfully takes property without the intent to permanently deprive (e.g., without permission borrows an umbrella), and later decides to keep the property, D is guilty of larceny when he decides to keep it.
- But, if the original taking was not wrongful (e.g., took the umbrella thinking it was his own) and later decides to keep it, it is not larceny.
(5) Tangible Personal Property
- Doesn’t extend to realty, services, and intangibles
- Can include written instruments embodying intangible rights — e.g., stock certificates
(6) of Another with Possession (or Custody)
- Property must be taken from custody or possession of another
- If D had possession at the time of the taking, the crime is not larceny — but may be embezzlement
- Bailees
- Generally, a bailee has possession and thus may be guilty of embezzlement if he takes the property
- But, if the bailee opens closed containers in which the property has been placed by the bailor (i.e., he “breaks bulk”), the possession is regarded, by use of a fiction, as returning to the bailor, and thus the bailee may then be guilty of larceny if he takes that property
- Abandoned, Lost, or Mislaid Property (“Finding)
- Larceny can arise if the true owner is known or ascertainable
- Must be (i) lost or (ii) misplaced — larceny cannot arise for abandoned property
- Sufficient — property that has been delivered by mistake
4
Q
Is there Larceny if D takes goods
intending to return them and hoping for a reward
A
This (alone) is NOT larceny
- But — If D takes them not intending to return them unless he is assured of a reward, this is larceny because it creates a substantial risk of loss.
Larceny requires that at the time of the taking D must have the intent to permanently deprive the person from whom the property is taken of his interest in the property.
- *Sufficient Intent**
1) Intent to Create Substantial Risk of Loss - If D intends to deal with the property in a manner that involves a substantial risk of loss, this is sufficient for larceny.
2) Intent to Pledge Goods or Sell Them to Owner - It is larceny to take goods with the intent to sell them back to the owner or to pledge them, because this involves the substantial equivalent of permanent loss or the high risk of permanent loss.
- *Insufficient Intent**
1) Intent to Borrow - If D intends to return the property within a reasonable time and at the time of the taking has a substantial ability to do so, the unauthorized borrowing does not constitute larceny.
- Note that many states make it a crime to borrow a motor vehicle, even when the borrower fully intends to return it (“joyriding”).
2) Intent to Obtain Repayment of Debt
* It isn’t larceny to take money or goods of another if D honestly believes that he is entitled to them as repayment for a debt of the other (although the goods must not be worth more than the amount of the debt). In these situations, D believes the property is “his” and therefore lacks an intent to deprive someone else of “her” property.
- *Possibly Sufficient**
1) Intent to Pay for Property - If the property taken is not for sale, the fact that D intends to pay the other for it does not negate the larceny. If the property is for sale and D has a specific and realistic intent to repay the person, the taking is not larceny.
2) Intent to Claim Reward
___________________________________________
Larceny
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- Must not have had lawful possession at the time of taking
- Must actually obtain Control (Destruction insufficient)
(2) Asportation
- Moving / Carrying Away
(4) Intent to Steal
(5) Tangible Personal Property
(6) of Another with Possession (or Custody)
_________________________________________
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- If D already has possession at the time of the taking
- Not Larceny
- but may give rise to Embezzlement
- D must actually obtain Control of the property
- Destruction or Movement Insufficient
- Ex — D knocked a glass from X’s hand. It fell and broke. Is D guilty of larceny? No. Although X may have lost possession, D never obtained control. The damage to the item is irrelevant.
- Sufficient If Caused to Occur by Innocent Agent
- Even if D obtains control of the property through the act of an innocent agent
- Ex — D, pointing out a cow in a nearby feld, offers to sell it to X for $10. X gives D the money and then takes the cow. In fact, the cow belonged to Y. D guilty of larceny of the cow? He obtained control of it by virtue of X, an innocent agent of his
- Destruction or Movement Insufficient
(2) Asportation — Moving / Carrying Away
- Sightest movement wilI suffice
(3) Without Consent
- Against V’s free will (i.e., by trespass)
- Fraud or Duress — negates consent
- This element distinguishes Larceny from Larceny by Trick
(4) Intent to Steal
- Permanently (or for an Unreasonable time) Dispossess
- Must exist during taking
- Specific Intent Crime
- Insufficient — not larceny if D takes property as security for a debt owed or believing it belongs to D
- Sufficient — intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
- Continuing Trespass
- If D wrongfully takes property without the intent to permanently deprive (e.g., without permission borrows an umbrella), and later decides to keep the property, D is guilty of larceny when he decides to keep it.
- But, if the original taking was not wrongful (e.g., took the umbrella thinking it was his own) and later decides to keep it, it is not larceny.
(5) Tangible Personal Property
- Doesn’t extend to realty, services, and intangibles
- Can include written instruments embodying intangible rights — e.g., stock certificates
(6) of Another with Possession (or Custody)
- Property must be taken from custody or possession of another
- If D had possession at the time of the taking, the crime is not larceny — but may be embezzlement
- Bailees
- Generally, a bailee has possession and thus may be guilty of embezzlement if he takes the property
- But, if the bailee opens closed containers in which the property has been placed by the bailor (i.e., he “breaks bulk”), the possession is regarded, by use of a fiction, as returning to the bailor, and thus the bailee may then be guilty of larceny if he takes that property
- Abandoned, Lost, or Mislaid Property (“Finding)
- Larceny can arise if the true owner is known or ascertainable
- Must be (i) lost or (ii) misplaced — larceny cannot arise for abandoned property
- Sufficient — property that has been delivered by mistake
5
Q
Embezzlement
A
Fraudulent conversion of another’s personal property by one in lawful possession
(1) Fraudulent — (Intent to Defraud)
- Intent to Restore
- If D intends to restore the exact property taken, it is not embezzlement.
- Must be the exact same property; not even different monetary bills of equal value will suffice
- If D intends to restore the exact property taken, it is not embezzlement.
- Claim of Right
- As in larceny, embezzlement is not committed if the conversion is pursuant to a claim of right to the property (i.e., believes it is his)
- Whether D took the property openly is an important factor
- As in larceny, embezzlement is not committed if the conversion is pursuant to a claim of right to the property (i.e., believes it is his)
(2) Conversion
- Use of property in a manner inconsistent with / beyond the scope of
- D’s possessory rights / arrangement by which D has possession
- *(3) Personal Property**
- *(4) of Another**
- *(5) By a Person in Lawful Possession of that property**
- c.f. Larceny — D misappropriates property not in his possession
6
Q
False Pretenses
A
- *(1) Obtaining Title
(2) to Personal Property of Another** - *(3) Consent Induced by Misrepresentation**
- by an Intentional — False Statement of Fact
-
of Past or Existing Fact
- Traditional Rule — misrepresentation regarding a future event is not sufficient
- Modern Approach / MPC — any false representation suffices, including a false promise to perform in the future.
-
Victim is Deceived or Relied
- Victim must actually be deceived by, or act in reliance on, the misrepresentation, and this must be a major factor (or the sole cause) of the victim passing title to D
(4) with Intent to Defraud the other
- Depending on statute, D must either have
- (a) known the statement to be false, or
- (b) have intended that the victim rely on the misrepresentation
- D “knows” of falsity of any statements when, after being put on notice of the high probability of statement’s falsity, he deliberately avoided learning the truth
7
Q
Larceny by Trick
A
-
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- (2) of Personal Property
- (3) of Another
-
(4) Consent Induced by Misrepresentation
- Intentional — False Statement of Fact of Past or Existing Fact
- (5) Intent to Defraud
8
Q
Extortion
A
aka Blackmail
(1) Obtaining Property
- may not require in some Jxds
- completed upon making threats with intent to obtain property
(2) by Use of Threats — even if insufficient for Robbery
- Don’t need to involve immediate or physical harm
- (a) Future Harm
- (b) Exposing Info
- Property Doesn’t Need to be in V’s Presence
- (as is necessary for Robbery)
9
Q
Receipt of Stolen Property
A
- (1) Receiving Possession & Control
- (2) of “Stolen” Personal Property
- (3) Known to have been Obtained Illegally by Another
- (5) Intent to Steal
(1) Receiving Possession & Control
- Physical possession not required
- D can have possession or control when
- (a) the property is put in a location designated by him, or
- (b) he arranges to sell it for the original thief
(2) of “Stolen” Personal Property
- Must have been stolen when D receives it
- beware of “sting” situations
- if PO and true property owner know of or arranged D’s receipt of property, it is not truly stolen (i.e., there can be no receipt of stolen property)
- D can be convicted of attempted receipt of stolen property if he intended to receive property, believing it to be stolen
(3) Known to have been Obtained Illegally by Another
- D must know, or have reason to know, property is stolen / taken in a manner constituting a criminal offense
(4) Intent to Steal
- Permanently deprive owner of his interest in the property
10
Q
Forgery
A
Creating or altering a written document with purported legal significance to be false, with the intent to defraud
(1) Creating or Altering
- drafting, adding, or deleting from a doc’s contents
(2) a Document with Apparent Legal Significance
- K (not a painting)
(3) to be False
- Modifying the doc into something it is not — changing its legal significance
- Not just changing it to be inaccurate
- e.g., a fake warehouse receipt, but not an inaccurate real warehouse receipt
(4) Intent to Defraud
- Mere intent to defraud is sufficient
- No one need actually have been defrauded
- (c.f., False Pretenses & Fraud by Trick)
______________________________________
Fraudulently Obtaining Signature of Another
- If D fraudulently causes a TP to sign a document that TP does not realize he is signing, forgery HAS been committed. But if TP realizes he is signing the document, forgery hasn’t been committed even if TP was induced by fraud to sign it.
Uttering a Forged Instrument
- (1) Offering as Genuine
- (2) an Instrument that may be the Subject of Forgery and is False
- (3) Intent to Defraud
11
Q
Malicious Mischief
A
(1) Malicious
- Malice requires that the damage or destruction have been intended or contemplated by D
- No ill will or hatred required
- *(2) Destruction of — or Damage to**
- *(3) Property of Another**
12
Q
Distinguish
Larceny by Trick vs False Pretenses
A
Both involve Misrepresentation
Differencee is in what is Obtained (Possession vs Title)
Larceny by Trick
- Possession / Custody
False Pretenses
- Title
______________________________________
False Pretenses
- *(1) Obtaining Title
(2) to Personal Property of Another** - *(3) Consent Induced by Misrepresentation**
- by an Intentional — False Statement of Fact
-
of Past or Existing Fact
- Traditional Rule — misrepresentation regarding a future event is not sufficient
- Modern Approach / MPC — any false representation suffices, including a false promise to perform in the future.
-
Victim is Deceived or Relied
- Victim must actually be deceived by, or act in reliance on, the misrepresentation, and this must be a major factor (or the sole cause) of the victim passing title to D
(4) with Intent to Defraud the other
- Depending on statute, D must either have
- (a) known the statement to be false, or
- (b) have intended that the victim rely on the misrepresentation
- D “knows” of falsity of any statements when, after being put on notice of the high probability of statement’s falsity, he deliberately avoided learning the truth
Larceny by Trick
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- *(2) of Personal Property
(3) of Another** - *(4) Consent Induced by Misrepresentation**
- Intentional — False Statement of Fact of Past or Existing Fact
(5) Intent to Defraud
13
Q
In what theft crime must
Title transfer to D
A
False Pretenses
This is the distinguishing element from Laceny by Trick
- Larceny by Trick — V is tricked by a misrepresentation of fact into giving up mere Possession / Custody of property
- False Pretenses — V is tricked into giving up Title to property
______________________________________
False Pretenses
- *(1) Obtaining Title
(2) to Personal Property of Another** - *(3) Consent Induced by Misrepresentation**
- by an Intentional — False Statement of Fact
-
of Past or Existing Fact
- Traditional Rule — misrepresentation regarding a future event is not sufficient
- Modern Approach / MPC — any false representation suffices, including a false promise to perform in the future.
-
Victim is Deceived or Relied
- Victim must actually be deceived by, or act in reliance on, the misrepresentation, and this must be a major factor (or the sole cause) of the victim passing title to D
(4) with Intent to Defraud the other
- Depending on statute, D must either have
- (a) known the statement to be false, or
- (b) have intended that the victim rely on the misrepresentation
- D “knows” of falsity of any statements when, after being put on notice of the high probability of statement’s falsity, he deliberately avoided learning the truth
Larceny by Trick
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- *(2) of Personal Property
(3) of Another** - *(4) Consent Induced by Misrepresentation**
- Intentional — False Statement of Fact of Past or Existing Fact
(5) Intent to Defraud
14
Q
Distinguish
Embezzlement vs Larceny
A
Whether D is in Rightful Possession
Embezzlement
- D misappropriates property while it is in his rightful possession
Larceny
- D misappropriates property not in his possession
_______________________________________
Larceny
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- If D already has possession at the time of the taking
- Not Larceny
- but may give rise to Embezzlement
- D must actually obtain Control of the property
- Destruction or Movement Insufficient
- Ex — D knocked a glass from X’s hand. It fell and broke. Is D guilty of larceny? No. Although X may have lost possession, D never obtained control. The damage to the item is irrelevant.
- Sufficient If Caused to Occur by Innocent Agent
- Even if D obtains control of the property through the act of an innocent agent
- Ex — D, pointing out a cow in a nearby feld, offers to sell it to X for $10. X gives D the money and then takes the cow. In fact, the cow belonged to Y. D guilty of larceny of the cow? He obtained control of it by virtue of X, an innocent agent of his
- Destruction or Movement Insufficient
(2) Asportation — Moving / Carrying Away
- Sightest movement wilI suffice
(3) Without Consent
- Against V’s free will (i.e., by trespass)
- Fraud or Duress — negates consent
- This element distinguishes Larceny from Larceny by Trick
(4) Intent to Steal
- Permanently (or for an Unreasonable time) Dispossess
- Must exist during taking
- Specific Intent Crime
- Insufficient — not larceny if D takes property as security for a debt owed or believing it belongs to D
- Sufficient — intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
- Continuing Trespass
- If D wrongfully takes property without the intent to permanently deprive (e.g., without permission borrows an umbrella), and later decides to keep the property, D is guilty of larceny when he decides to keep it.
- But, if the original taking was not wrongful (e.g., took the umbrella thinking it was his own) and later decides to keep it, it is not larceny.
(5) Tangible Personal Property
- Doesn’t extend to realty, services, and intangibles
- Can include written instruments embodying intangible rights — e.g., stock certificates
(6) of Another with Possession (or Custody)
- Property must be taken from custody or possession of another
- If D had possession at the time of the taking, the crime is not larceny — but may be embezzlement
- Bailees
- Generally, a bailee has possession and thus may be guilty of embezzlement if he takes the property
- But, if the bailee opens closed containers in which the property has been placed by the bailor (i.e., he “breaks bulk”), the possession is regarded, by use of a fiction, as returning to the bailor, and thus the bailee may then be guilty of larceny if he takes that property
- Abandoned, Lost, or Mislaid Property (“Finding)
- Larceny can arise if the true owner is known or ascertainable
- Must be (i) lost or (ii) misplaced — larceny cannot arise for abandoned property
- Sufficient — property that has been delivered by mistake
_______________________________________
Embezzlement
(1) Fraudulent — (Intent to Defraud)
- Intent to Restore
- If D intends to restore the exact property taken, it is not embezzlement.
- Must be the exact same property; not even different monetary bills of equal value will suffice
- Claim of Right
- As in larceny, embezzlement is not committed if the conversion is pursuant to a claim of right to the property (i.e., believes it is his)
- Whether D took the property openly is an important factor
(2) Conversion
- Use of property in a manner inconsistent with / beyond the scope of D’s possessory rights / arrangement by which D has possession
- *(3) Personal Property
(4) of Another
(5) By a Person in Lawful Possession of that property** - c.f. Larceny — D misappropriates property not in his possession
15
Q
Distinguish
Larceny vs Larceny by Trick
A
Whether the taking was Trespassory (without consent)(bcas induced by misrepresentation)
Larceny
- Taking Must Be “Trespassory”
- D must take the property from the custody or possession of another in a trespassory manner, i.e., without the consent of the person in custody or possession of the property.
Larceny by Trick
- Taking by Consent Induced by Misrepresentations
- If V consents to D’s taking custody or possession of the property, but this consent has been induced by a misrepresentation, the consent isn’t valid. This is larceny by trick
_______________________________________
Larceny by Trick
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- *(2) of Personal Property
(3) of Another
(4) Consent Induced by Misrepresentation** - Intentional — False Statement of Fact of Past or Existing Fact
(5) Intent to Defraud
_______________________________________
Larceny
(1) Obtaining Possession
- Caption — Obtaining Control or Possession / Taking
- If D already has possession at the time of the taking
- Not Larceny
- but may give rise to Embezzlement
- D must actually obtain Control of the property
- Destruction or Movement Insufficient
- Ex — D knocked a glass from X’s hand. It fell and broke. Is D guilty of larceny? No. Although X may have lost possession, D never obtained control. The damage to the item is irrelevant.
- Sufficient If Caused to Occur by Innocent Agent
- Even if D obtains control of the property through the act of an innocent agent
- Ex — D, pointing out a cow in a nearby feld, offers to sell it to X for $10. X gives D the money and then takes the cow. In fact, the cow belonged to Y. D guilty of larceny of the cow? He obtained control of it by virtue of X, an innocent agent of his
- Destruction or Movement Insufficient
(2) Asportation — Moving / Carrying Away
- Sightest movement wilI suffice
(3) Without Consent
- Against V’s free will (i.e., by trespass)
- Fraud or Duress — negates consent
- This element distinguishes Larceny from Larceny by Trick
(4) Intent to Steal
- Permanently (or for an Unreasonable time) Dispossess
- Must exist during taking
- Specific Intent Crime
- Insufficient — not larceny if D takes property as security for a debt owed or believing it belongs to D
- Sufficient — intent to create a substantial risk of loss, or an intent to sell or pledge the goods to the owner
- Continuing Trespass
- If D wrongfully takes property without the intent to permanently deprive (e.g., without permission borrows an umbrella), and later decides to keep the property, D is guilty of larceny when he decides to keep it.
- But, if the original taking was not wrongful (e.g., took the umbrella thinking it was his own) and later decides to keep it, it is not larceny.
(5) Tangible Personal Property
- Doesn’t extend to realty, services, and intangibles
- Can include written instruments embodying intangible rights — e.g., stock certificates
(6) of Another with Possession (or Custody)
- Property must be taken from custody or possession of another
- If D had possession at the time of the taking, the crime is not larceny — but may be embezzlement
- Bailees
- Generally, a bailee has possession and thus may be guilty of embezzlement if he takes the property
- But, if the bailee opens closed containers in which the property has been placed by the bailor (i.e., he “breaks bulk”), the possession is regarded, by use of a fiction, as returning to the bailor, and thus the bailee may then be guilty of larceny if he takes that property
- Abandoned, Lost, or Mislaid Property (“Finding)
- Larceny can arise if the true owner is known or ascertainable
- Must be (i) lost or (ii) misplaced — larceny cannot arise for abandoned property
- Sufficient — property that has been delivered by mistake
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