Property Offenses (Module 7)

Question 1

Larceny

Answer 1

Specific Intent

Elements:
1) Taking and carrying away

2) of tangible personal property of another
- if D had discretionary authority over property at the time its embezzlement
- if property is lost/misplaced still is larceny, but not if it was abandoned

3) by trespass
- “continuing trespass” will be when D did not have the specific intent at the time of the taking to perm deprive the person of their property but then developed that intent later on

4) with intent to permanently deprive
- if they truly believe that they have some right to the property then it is not sufficient intent
- if they intended to borrow it it is not sufficient intent

Question 2

Embezzlement

Answer 2

Specific Intent

1) fraudulent intent
- if they intend to restore the exact same property (e.g., stole a $5 bill and plan to return that exact bill) then it is not embezzlement
- if they believe they have a claim of right to the property it’s not embezzle
- D does not have to be the one getting the benefit of the stolen thing

2) Conversion
- i.e., dealing witht he property in a manner inconsistent with why they were given possession of the property in the first place

3) of personal property of another

4) when D was rightfully in possession of it in teh first place

Question 3

False Pretenses

Answer 3

Specific Intent

1) Obtaining title
- if they obtain custody/possession and not ownership (title) then it is “larceny by trick”

2) to personal property of another

3) by intentional false statement of past or existing fact
- victim must actually be deceived by D and the misrepresentation must be a major factor in them passing title
- CL: past/existing fact
- MPC: past/existing/future fact

4) with intent to defraud
- D msut know/rxbly should know that their misrepresentation to the victim was false or intended that the victim rely on the misrepresentation
- Can’t deliberately avoid learning that the statement was false

Question 4

Robbery

Answer 4

Specific Intent

1) taking of personal property of another

2) from their person/presence
- presence is broadly construed

3) by force or threat of imminent force to the person, their family, or a person in their presence

4) with intent to permanently deprive

Question 5

Extortion

Answer 5

Intent?

CL: Corrupt collection of an unlawful fee by an officer under the color of office

Modern trend: obtaining of property my means of threat to do harm or to expose info
- threats may be future harm
- taking does not have to be in the presence of the victim

Question 6

Receipt of Stolen Property

Answer 6

1) receiving possession or control

2) of stolen personal property
- must have been stolen at the time that D receives it; e.g., police already recovered it and using it with owner’s permission to set this person up I guess
- can be “attempted receipt of stolen property” if it’s not actually stolen

3) known to have been obtained criminally by another person

4) with intent to permanently deprive the owner of their interest in it

Question 7

Forgery

Answer 7

Specific Intent

1) making or altering

2) in a writing with apparent legal significance (ex. a contract, not a painting)

3) so that it is completely false (not just inaccurate)

4) with intent to defraud (even if no one actually was defrauded)

Note: if D gets a 3P to sign the document and the 3P doesn’t realize what they’re signing, that’s forgery also

Question 8

Burglary

Answer 8

Specific Intent

Common law burglary is:
1) breaking (creating or enlarging an opening; can also be done by fraud or threat)

2) entering (with an part of bady or instrument used to commit the crime)

3) of a dwelling of another at nighttime

4) with intent to commit a felony therein

Modern trend has relaxed these rules:
- no breaking requirement
- no dwelling requirement
- no nighttime requirement
- can be intent to commit a misdemeanor

NOTHING ACTUALLY HAS TO BE DONE ONCE INSIDE TO STILL BE BURGLARY; JUST NEED TO HAVE BROKEN IN WITH THE INTENT TO COMMIT A FELONY

Question 9

Arson

Answer 9

Malice

Common Law:
1) The malicious (intentional or reckless disregard of an obvious risk)

2) Burning (scorching/blackening don’t count, must be “charred”; unclear what that means)

3) of the dwelling of another

Modern Trend/MPC Changes
- includes damage caused by explosion
- does not have to be a dwelling, extends to other structures