Property Offenses Flashcards
Common law larceny, embezzlement, and false pretenses are charged as…
Larceny.
Simple larceny is the…
- taking of personal property
- from another
- by trespass
- with the intent to permanently deprive that person of the property.
Any prson who knows that personal property is stolen and assists in its transportation or disposition is guilty of…
larceny as well.
What are the elements of grand larceny?
- Larceny, from the person of another, of something worth $5 or more.
- Simple larceny, not from the person of another, of a thing worth $500 or more, or
- Simple larceny, not from the person of another, of any firearm, regardless of value.
A showing of ________ __________ __ ______ ________ by the accused is required for a Grand Larceny conviction.
exclusive possession of stolen property.
Grand Larceny can be proven using…
circumstantial evidence.
What is petit larceny?
- Larceny from a person of something worth less than $5, or
- simple larceny not from the person of another of something worth less than $500.
To be convicted of petit larceny, Virginia (does/does not) require proof of a minimum or specific value of the stolen goods.
Does not.
There is enhanced punishment for a ___ petit larceny offense
3rd
Other than personal property, what are the possible objects of larceny?
- Bank notes, checks, or other commercial paper
- certain animals, and
- things fixed to freehold (real property)
To be guilty of larceny for receiving stolen goods, one must:
- Buy, receive, or aid in concealing goods known to be stolen.
- Buy or receive goods duting the course of a criminal investigation while believing the goods to be stolen.
For a defendant to be convicted of larceny for receiving stolen goods, the actual thief (muist/need not) be convicted.
need not
What are the elements of embezzlement?
- Fraudulent conversion
- of property that belonged to another
- by a person to whom the property was entrusted
- with intent to deprive the owner thereof.
A fiduciary relationship (is/is not) necessary for a larceny conviction under embezzelment.
is not.
Misappropriation of property for the defendant’s own benefit (is/is not) necessary for a larceny conviction under embezzelment.
is not
What are the elements of False Pretenses?
- Obtaining money or property
- from a person
- by false pretenses, and
- with the intent to defraud.
To be guilty of larceny under false pretenses, this must pass on to the defendant.
Title and possesion of the property.
For a defendant to be guilty of larceny by false pretenses, the ultimate victim (must/need not) be the one against whom the false pretenses weere used.
need not
What are the elements of robbery?
- Taking,
- with intent to steal,
- personal property of another,
- from his person or in his presence,
- against his will,
- by violence or intimidation.
For a defendant to be convicted of robbery, fear of bodily harm must result from..
words or conduct of the accused, not temperamental timidity of the victim.
To get a robbery conviction, the prosecution need not prove _________ of the taken property.
Ownership
To get a robbery conviction, the prosecution must prove that the victim’s possessory rights of the property were…
superior to those of the thief.
What are the elements of extortion?
- Threatening to injure
- accusation of offense,
- or threatening to report to ICE,
- towards a person or property, and
- thereby extorting pecuniary benefit.
For the purposes of extortion, injury to property includes…
the sale, distribution, or release of identifying information such as a social securty or bank account number.
What is forgery?
Use or possession of forged instruments.
What are the elements of identity theft?
- A person,
- obtains identifying information not available to the public
- that can be used for pecuniary gain or to avoid arrest/prosecution,
- without the permission of the subject of the identifying information, and
- with intent to defraud.
What are the elements of Virginia’s bad check law?
- Making, drawing, or delivering,
- a check or draft upon a bank or other depository
- knowing the maker or drawer has insuffucuent funds in such bank, and
- with intent to defraud.
An offense against Virginia’s bad check law is a felony if…
the check is over $500.
Issuance of a bad check is…
prima facie evience of intent to defraud.
What is the exception to issuance being a prima facie evidence of intent to defraud?
The maker pays the holder the amount owed plus interest and penalty charges within 5 days after notice that the check has not been paid.
What is Damage to Realty or Personalty Thereon?
It is unlawful for a person to:
- Destroy property not his own,
- deface a public builfing
- carry away property from a public building, or
- injure any trees, fences, or herbage on public grounds.
