Property Offenses Flashcards
What is larceny?
(1) a taking
(2) and carrying away (asportation)
(3) of tangible personal property
(4) of another with possession
(5) by trespass (no consent or consent induced by fraud)
(6) with intent to personally deprive that person of property interest
What qualifies as tangible personal property?
Not services, realty, or intangibles but includes written instruments embodying tangible rights like stock certificates
What if the defendant had the property in their possession at the time of taking?
Not larceny, maybe embezzlement
If the defendant had custody but not possession (possession meaning discretionary authority over the property rather than limited authority) then it is larceny (e.g., employees guilty of larceny if they steal employer’s property in their custody)
What intent is sufficient for larceny?
Intent must be at the time of taking an intent to permanently deprive the victim of their property interest, which can be satisfied by intent to create a substantial risk of loss or to sell or pledge goods to the owner
Not sufficient where the defendant believes the property is their own or intends to borrow it or keep it as repayment of debt
May be sufficient if the defendant intends to pay (if goods were not for sale) and intends to collect a reward (if no return absent reward)
Can larceny be committed with abandoned, lost or mislaid property?
yes w/lost or mislaid or misdelivered
no w/ abandoned
What is continuing trespass?
If a defendant takes property wrongfully but without intent to permanently deprive and later decides to keep it, they are guilty of larceny when they decide to keep it but not when they first wrongfully took it
What is embezzlement?
The fraudulent conversion of personal property of another by a person in lawful possession of that property. Conversion = dealing with the property in a manner inconsistent with the arrangement by which defendant has possession
How is embezzlement different from larceny?
in embezzlement the defendant misappropriates property while it is in their rightful possession
What if the defendant on a charge of embezzlement planned to restore the property?
If the defendant intends to restore the exact property, it is not embezzlement.
If the defendant intents to restore similar or substantially identical property (applies to different money of identical value!) then guilty
What if the defendant in an embezzlement case took the property pursuant to a claim of right?
No embezzlement committed, important factor = whether defendant took openly
What is the offense of false pretenses?
(1) Obtaining title
(2) to the personal property of another
(3) by an intentional false statement of a past or existing fact
(4) with the intent to defraud the other
What is the offense of larceny by trick?
If the victim is tricked into giving up custody but not title, then it is larceny by trick and not false pretenses
What false representations suffice for false pretenses?
Traditional: must relate to past or present fact (false promise even absent present intent to perform insufficient)
MPC and modern prevailing view: any false representation suffices, even future promise
Representation must actually deceive or cause the victim to act in reliance on it and must be a major factor in the victim passing title
What is sufficient intent to defraud for false pretenses?
Defendant must either know the statement is false or intend the victim rely on it
Most states find knowledge where defendant was put on notice of high prob of falsity and deliberately avoided learning truth
What is robbery?
(1) a taking
(2) of another’s personal property
(3) from their person or presence
(4) by force or threat of imminent death or physical injury to them, their family or someone in their presence
(5) with the intent to permanently deprive
(person must give up property because they feel threatened and not another reason, if they give it up for another reason the defendant is not guilty of robbery but may be guilty of attempt)
