Property Offenses

Question 1

Common law larceny, embezzlement, and false pretenses are charged as…

Answer 1

Larceny.

Question 2

Simple larceny is the…

Answer 2

1. taking of personal property
2. from another
3. by trespass
4. with the intent to permanently deprive that person of the property.

Question 3

Any prson who knows that personal property is stolen and assists in its transportation or disposition is guilty of…

Answer 3

larceny as well.

Question 4

What are the elements of grand larceny?

Answer 4

1. Larceny, from the person of another, of something worth $5 or more.
2. Simple larceny, not from the person of another, of a thing worth $500 or more, or
3. Simple larceny, not from the person of another, of any firearm, regardless of value.

Question 5

A showing of ________ __________ __ ______ ________ by the accused is required for a Grand Larceny conviction.

Answer 5

exclusive possession of stolen property.

Question 6

Grand Larceny can be proven using…

Answer 6

circumstantial evidence.

Question 7

What is petit larceny?

Answer 7

1. Larceny from a person of something worth less than $5, or
2. simple larceny not from the person of another of something worth less than $500.

Question 8

To be convicted of petit larceny, Virginia (does/does not) require proof of a minimum or specific value of the stolen goods.

Answer 8

Does not.

Question 9

There is enhanced punishment for a ___ petit larceny offense

Answer 9

3rd

Question 10

Other than personal property, what are the possible objects of larceny?

Answer 10

• Bank notes, checks, or other commercial paper
• certain animals, and
• things fixed to freehold (real property)

Question 11

To be guilty of larceny for receiving stolen goods, one must:

Answer 11

1. Buy, receive, or aid in concealing goods known to be stolen.
2. Buy or receive goods duting the course of a criminal investigation while believing the goods to be stolen.

Question 12

For a defendant to be convicted of larceny for receiving stolen goods, the actual thief (muist/need not) be convicted.

Answer 12

need not

Question 13

What are the elements of embezzlement?

Answer 13

1. Fraudulent conversion
2. of property that belonged to another
3. by a person to whom the property was entrusted
4. with intent to deprive the owner thereof.

Question 14

A fiduciary relationship (is/is not) necessary for a larceny conviction under embezzelment.

Answer 14

is not.

Question 15

Misappropriation of property for the defendant’s own benefit (is/is not) necessary for a larceny conviction under embezzelment.

Answer 15

is not

Question 16

What are the elements of False Pretenses?

Answer 16

1. Obtaining money or property
2. from a person
3. by false pretenses, and
4. with the intent to defraud.

Question 17

To be guilty of larceny under false pretenses, this must pass on to the defendant.

Answer 17

Title and possesion of the property.

Question 18

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.

Answer 18

need not

Question 19

What are the elements of robbery?

Answer 19

1. Taking,
2. with intent to steal,
3. personal property of another,
4. from his person or in his presence,
5. against his will,
6. by violence or intimidation.

Question 20

For a defendant to be convicted of robbery, fear of bodily harm must result from..

Answer 20

words or conduct of the accused, not temperamental timidity of the victim.

Question 21

To get a robbery conviction, the prosecution need not prove _________ of the taken property.

Answer 21

Ownership

Question 22

To get a robbery conviction, the prosecution must prove that the victim’s possessory rights of the property were…

Answer 22

superior to those of the thief.

Question 23

What are the elements of extortion?

Answer 23

1. Threatening to injure
2. accusation of offense,
3. or threatening to report to ICE,
4. towards a person or property, and
5. thereby extorting pecuniary benefit.

Question 24

For the purposes of extortion, injury to property includes…

Answer 24

the sale, distribution, or release of identifying information such as a social securty or bank account number.

Question 25

What is forgery?

Answer 25

Use or possession of forged instruments.

Question 26

What are the elements of identity theft?

Answer 26

1. A person,
2. obtains identifying information not available to the public
3. that can be used for pecuniary gain or to avoid arrest/prosecution,
4. without the permission of the subject of the identifying information, and
5. with intent to defraud.

Question 27

What are the elements of Virginia’s bad check law?

Answer 27

1. Making, drawing, or delivering,
2. a check or draft upon a bank or other depository
3. knowing the maker or drawer has insuffucuent funds in such bank, and
4. with intent to defraud.

Question 28

An offense against Virginia’s bad check law is a felony if…

Answer 28

the check is over $500.

Question 29

Issuance of a bad check is…

Answer 29

prima facie evience of intent to defraud.

Question 30

What is the exception to issuance being a prima facie evidence of intent to defraud?

Answer 30

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.

Question 31

What is Damage to Realty or Personalty Thereon?

Answer 31

It is unlawful for a person to:

1. Destroy property not his own,
2. deface a public builfing
3. carry away property from a public building, or
4. injure any trees, fences, or herbage on public grounds.