Property Offenses

Question 1

What are the property offenses (9)?

Answer 1

1. Larceny
2. Embezzlement
3. False Pretenses
4. Robbery
5. Extortion
6. Receipt of Stolen Property
7. Theft
8. Forgery
9. Malicious Mischief

Question 2

What are the elements of “larceny” (4) ?

Answer 2

1. a TAKING (obtaining control) and CARRYING AWAY (asportation)
2. of TANGIBLE PERSONAL PROPERTY OF another with POSSESSION
3. by TRESPASS (without consent or by consent induced by fraud)
4. with INTENT TO PERMANENTLY DEPRIVE that person of her interest in the property

Question 3

With regards to “larceny” what is the rule re possession?

Answer 3

The property stolen must be taken from the custody or possession of another.

If D had possession of property at the time of the taking, the crime is NOT larceny, but may be embezzlement

Question 4

With regards to “larceny” what is the issue re: “possession” versus “custody”?

Answer 4

• “possession” involves greater scope of authority than custody. Person has discretionary authority of property

NOTE –> low level employees normally only have custody of an item. So they can be guilty of larceny for taking item.

Question 5

With regards to “larceny” what is the special rule re: bailee and breaking bulk?

Answer 5

Normally –> bailee has possession and may be guilty of embezzlement (not larceny)

HOWEVER –> if she opens closed containers in which property has been placed, she is breaking bulk, and she may be guilty of larceny bc possession is regarded to go back to bailor

Question 6

What is the rule with regards to “larceny” and “intent to permanently deprive”?

Answer 6

In General –> larceny requires that AT THE TIME OF THE TAKING, D INTENDED to permanently deprive that person of the property

Sufficient intent –> intent to create substantial risk of loss, or intent to sell or pledge the goods

Insufficient Intent –> D:

1. believes property is hers; OR
2. she intends only to borrow the property; OR
3. to keep it as repayment of a debt

MBE tip –> make sure D had intent to permanently desire WHEN she took the property. If NOT, there is no larceny (unless it’s a continuing trespass situation)

Question 7

What is the rule re: larceny and mislaid property?

Answer 7

Larceny CAN be committed with –> lost or mislaid property, or property that has been delivered by mistake

BUT NOT –> with ABANDONED property

Question 8

What is the rule re: larceny and “continuing trespass” situation?

Answer 8

If D WRONGFULLY takes property WITHOUT intent to permanently deprive (ie… without permission borrows umbrella) and LATER decides to keep the property, she is guilty of larceny WHEN she decides to keep it.

HOWEVER –> if the original taking was NOT WRONGFUL, and she later decides to keep it, it is NOT LARCENY.
EXAMPLE –> she took the umbrella thinking it was hers, then decides to keep it.

Question 9

What are the elements of “embezzlement” (3)?

Answer 9

1. conversion (dealing w property in manner inconsistent w arrangement) of personal property of another
2. by a person in LAWFUL POSSESSION of that property
3. with INTENT to defraud

Question 10

How do you distinguish “larceny” from “embezzlement”?

Answer 10

Larceny –> D misappropriates item while it is not in his possession

Embezzlement –> D misappropriates item while it IS in his lawful possession

Question 11

What is the rule with regards to “embezzlement” and “fraudulent intent”?

Answer 11

D must have INTENT to DEFRAUD

Question 12

With regards to “embezzlement” and “fraudulent intent” - what is the rule if D has the intent to restore the property?

Answer 12

• If D has intent to restore EXACT property taken –> not embezzelement

If D has intent to restore SIMILAR or SUBSTANTIALLY SIMILAR property –> it IS embezzlement
-NOTE –> this includes money of identical value

Question 13

With regards to “embezzlement” and “fraudulent intent” - what is the rule if D has a claim of right?

Answer 13

There is NO embezzlement if D took property under a claim of right

Question 14

What are the elements of “false pretenses” (3) ?

Answer 14

1. obtaining TITLE to PERSONAL PROPERTY of another
2. by an INTENTIONAL false statement of PAST or EXISTING fact
3. with INTENT to DEFRAUD

NOTE:

1. the victim must ACTUALLY be deceived or act in reliance on the misrepresentation; AND
2. it must be a MAJOR FACTOR in them giving up title

Question 15

What is the difference between “false pretenses” and “larceny by trick”?

Answer 15

“larceny by trick” –> victim is tricked by misrepresentation of fact into giving up mere CUSTODY of the item

“false pretenses” –> victim is tricked into giving up TITLE of the item

Question 16

What are the elements of “robbery” (4)?

Answer 16

1. a TAKING of PERSONAL PROPERTY of another
2. FROM the other’s PERSON or PRESENCE (including anywhere in his vicinity)
3. by FORCE OR THREAT OF IMMEDIATE DEATH OR PHYSICAL INJURY, to the victim, a member of his family, or anyone in his vicinity;
4. with INTENT to permanently deprive him of it

Question 17

With regards to robbery, what is the MBE tip?

Answer 17

For D to be guilty of robbery, victim must give up property bc she feels threatened. If she gives it up for some other reason (for example, she feels sorry), there is no robbery.

NOTE –> there still may be attempted robbery

Question 18

How do you distinguish robbery from larceny?

Answer 18

Robbery requires D use FORCE or THREATS to take V’s property.

THUS –>
- pickpocketing will usually be larceny UNLESS the victim notices attempt and resists

Question 19

What is common law extortion?

Answer 19

At common law –> corrupt collection of unlawful fee by an officer under color of office.

MODERN –> usually, obtaining property by MEANS OF THREATS to do harm or expose information

In some states –> you don’t need to actually get the property.

Question 20

What are the elements of “receipt of stolen property”? (3)

Answer 20

1. RECEIVING possession and control of STOLEN personal property;
2. KNOWN to have been obtained by crime by another person;
3. with INTENT to permanently deprive owner of his interest in it.

Question 21

With regards to “receipt of stolen property” - what satisfies the requirement of possession?

Answer 21

Manual possession is not necessary

D possesses the property:

1. when it is put in a LOCATION DESIGNATED by her; OR
2. She ARRANGES A SALE to 3rd party

Question 22

With regards to “receipt of stolen property” - what satisfies the requirement of “stolen personal property”?

Answer 22

• property must be stolen AT THE TIME D receives it.

EXAM TIP –> check this carefully
EXAMPLE –> if police have already recovered the property prior to D’s receipt, D can’t be guilty of receipt of stolen property, only attempt

Question 23

What is the rule re: THEFT?

Answer 23

under many statutes and MPC, the above crimes are combined and called theft.

Question 24

What are the elements of “forgery” (3)?

Answer 24

1. MAKING or ALTERING a WRITING with apparent legal significance
2. so that it is FALSE
3. with INTENT to defraud

NOTE –> no one needs to actually be defrauded

Question 25

With regards to “forgery” what happens if D fraudulently causes 3rd person to sign document?

Answer 25

If 3rd party doesn’t realize he is signing –> forgery is committed

If 3rd party does realize he is signing –> no forgery, even if induced by fraud

Question 26

What is “uttering a forged instrument”? (2)

Answer 26

1. offering as GENUINE an INSTRUMENT that may be subject of forgery and is false;
2. with INTENT to defraud

Question 27

What is “Malicious Mischief” (2)?

Answer 27

1. malicious
2. DESTRUCTION of or DAMAGE to PROPERTY of another

NOTE –> malice doesn’t require ILL will or hatred
MALICE DOES –> require that damage/destruction was intended/contemplated by D