Property Offenses, Offenses Against Property, & Other Offenses Flashcards
7 property offenses
- A. Larceny
- B. Embezzlement
- C. False Pretenses
- D. Robbery
- E. Extortion
- F. Receiving Stolen Property
- G. Forgery
Larceny:
level of crime
definition
“carrying away”
trespass requirement
intent requirement
larceny by trick
finder of mislaid property
**this is a felony (think about it - a burglary’s “intent to commit a felony therein” usually refers to intent to commit a larceny therein)
- Definition: An unlawful taking and carrying away of the personal property (not intangible or real property or services) of another
- “carrying away” can be satisfied by simply picking up the item or taking it a short distance or for a small period of time (so long as you have the requisite intent to permanently deprive)
• The taking must be by trespass (i.e., without consent or consent obtained by fraud)
»> If a person obtains possession of property with permission (e.g., borrows it with the intent to return) and later decides to retain it permanently, this is NOT larceny
»> by contrast, if a person obtains property without permission (borrows it without permission) and then decides to retain it permanently, this is larceny by “continued trespass”
• Larceny is a specific intent crime; the defendant must have the intent to steal (permanently deprive the owner)
»> ***so taking with the intent to give it back negates the mental state; but taking with the intent to permanently deprive and then deciding LATER that you want to give it back SATISFIES the mental state
»> Mistake of ownership NEGATES the mental state
»> Taking a car for a joyride with the intent to return is not larceny (note: the crime of joyriding is a lesser included offense of larceny)
»> If the defendant takes another’s property with the intent to collect a debt which the other person owes him or to satisfy a claim against the other person, this will generally NEGATE the intent to steal
»> “permanently deprive” includes intending to deal with the property in a manner that involves substantial risk of damage or loss
- larceny by trick: the victim consents to the defendant taking custody or possession of her property because of a misrepresentation made by the defendant
- One who finds lost or mislaid property is guilty of larceny if:
(1) he intends to keep it at the time he finds it AND
(2) he knows who owns the property or is reasonably able to discover the owner’s identity
embezzlement
definition; employee designations; terms of trust; intent req
• Definition: Misappropriation of property of another held by defendant in lawful trust
»> Embezzlement occurs when the defendant misappropriates an item already in his or her lawful possession (e.g., trustee, bailee); larceny occurs when the defendant steals an item from the possession of another
• If an employee misappropriates an employer’s property, use the following rules:
»> Low-level employees generally have only “custody” of their employer’s property and thus are guilty of larceny
»> Management-level employees are generally guilty of embezzlement
• The misappropriation must be by means inconsistent with terms of the trust (i.e., more than simply stealing; includes any unauthorized use of the property, such as donating it to charity or investing it in stocks)
• Embezzlement is a SPECIFIC INTENT crime; the defendant must act with the intent to defraud
»> If at the time of misappropriation the defendant intends to restore the exact same item of property, there is no embezzlement (this rule does not apply if the property misappropriated is money)
false pretenses (definition; mens rea; deceit requirement; distinguish from larceny by trick)
• Definition: Obtaining TITLE to property of another by intentional or knowing false statement of past or existing fact
»> Under the M.P.C., any false statement suffices for false pretenses, even a false promise to perform in the future
»> “property” can include cash – like if you misrepresent your car’s quality and sell it – you obtained title to the other person’s money under false pretenses
• False pretenses is a SPECIFIC INTENT crime; the defendant must act with the intent to defraud
»> A person who pays for an item with an NSF check is guilty of false pretenses if he had the intent to defraud at the time of sale.
- **victim must ACTUALLY be deceived by, or act in reliance on, the misrepresentation and this must be a major factor in the victim passing title to the defendant
- **distinguish from a larceny where the defendant later lies to keep possession – because he didn’t obtain the item through false statements of fact, it remains a larceny
• To determine whether the defendant is guilty of false pretenses or larceny by trick, ask: What did the victim intend to convey to the perpetrator?
»> If it was title (i.e., ownership), then the crime is false pretenses
»> If it was possession, then the crime is larceny by trick
> > > **note: in both cases, the victim must actually be deceived by, or act in reliance on, the misrepresentation, and this must be a major factor of the victim passing title/possession
Example: A arrives at B’s house and falsely claims that he is there to pick up B’s sofa for cleaning. A keeps the sofa. This is larceny by trick because all B intended to give A was possession. If, by contrast, A had claimed that he had purchased the sofa from B’s spouse, this would be false pretenses because B intended to give A title to the sofa.
Robbery:
define
force/threats
intent requirement
“armed” robbery
combination of lesser crimes
• Definition: The taking of personal property of another from the person or in his/her presence (broadly construed to include such things as the next room) by force or intimidation (threats of immediate death or serious physical injury)
• force/threats
»> nearly any force (e.g., purse-snatching, but not a clean pickpocketing) will suffice.
»> the force or threats may be to gain possession of the property or to retain possession immediately after the theft (e.g., using force to escape).
• the threat must be of IMMEDIATE death/harm (**threats of FUTURE harm give rise to extortion)
• Robbery is a specific intent crime; the defendant must act with the intent to steal
– armed robbery: can include just a simulation of a deadly weapon (faking that you have a gun)
• robbery equals larceny plus either assault or battery (and the larceny, assault, and/or battery merge into the robbery)
extortion/blackmail
• Definition: Acquiring property of another by means of certain oral or written threats.
– distinguish from robbery: if the accused uses IMMEDIATE threats of harm, and is in the presence of the victim, this is robbery.
– Extortion is probably a specific intent crime at common law.
receipt of stolen property (definition; intent; result of receiving ppty from the police)
• Definition: Receiving possession and control of personal property known (or strongly believed) to have been stolen by another person.
»> The accused’s “knowledge” that the property was stolen may be inferred from circumstantial evidence, such as proof that the property was acquired from a person of questionable character or that the accused paid a disproportionately low price for the property.
- Receiving Stolen Property is a SPECIFIC INTENT crime; the defendant must act with the intent to permanently deprive the owner of the property.
- If the police obtain possession of the property and then deliver it to the accused, the accused is not guilty of receiving stolen property (because it is no longer stolen), but is guilty of ATTEMPTED receipt of stolen property if he thought he was buying stolen property.
forgery
• Definition: Making or materially altering a false writing with the specific intent to defraud
**person does not actually need to have been defrauded
• The writing must represent a document that has “legal efficacy” (i.e., one that affects the legal relations between the parties, such as a promissory note, check, will, deed, contract, loan application, or bank account application)
3 offenses against property
- A. Burglary
- B. Arson
- C. House Burning
burglary
define; breaking; entry; dwelling of another; mens rea; merger with felony
• Definition: A breaking and entry of the dwelling of another (based on possession, not ownership) at night with the intent to commit a felony (including larceny) therein
– breaking includes any opening or enlarging of locked or unlocked exterior or interior doors (e.g., bedroom, closet, wall safe) or windows and it includes the unauthorized use of keys (e.g., use of landlord’s master keys to enter apartment)
»> so if you somehow don’t touch any doors and just grab something off of the floor, that is technically NOT a common law burglary
»> breaking may also occur constructively by force, threats of force, fraud, or entry through a chimney
»> the breaking must be part of the dwelling; a breaking of personal property, such as a portable safe or trunk, is not sufficient
– entry occurs if any part of the body breaks the plane of the structure or an instrument used to commit the felony (as opposed to an instrument used to break in) breaks the plane of the structure
»> D throws a large rock through A’s window with the intent to break the window and gain entry. The rock breaks the window and lands in A’s dwelling. Before he can insert any portion of his body into the dwelling, D is arrested. Has D committed an “entry” for purposes of burglary? No, because the rock was inserted for purpose of gaining entry (i.e., breaking) and not for the purpose of committing a felony therein.
»> D throws a large rock through A’s window with the intent to strike and kill A, who is sitting in the living room. The rock breaks the window but narrowly misses A. No portion of D’s body ever entered the dwelling. Has D committed an “entry” for purposes of burglary? Yes, because the rock was inserted into the dwelling for the purpose of committing a felony therein.
– dwelling of another focuses on occupancy, not ownership – so, in theory, a LL breaking into the tenant’s apartment is entering the dwelling “of another” sufficient for burglary
• Burglary is a specific intent crime; the defendant must have the intent to commit a felony inside (but the felony need not be completed)
»> The accused must have the intent to commit a felony in the dwelling at the time of the breaking
• If the accused enters a dwelling with the intent to commit a felony therein and actually does commit a felony, the accused is guilty of burglary and the felony; burglary and the underlying felony DO NOT MERGE
arson
• Definition: Burning the dwelling of another (based on possession, not ownership) with malice
– starting a fire accidentally but recklessly letting it burn may satisfy the mental state
– arson requires a fire
»> a non-fire explosion, scorching, water damage, or smoke damage is not enough
– arson requires “charring;” the charring must be to the fibers of the dwelling itself (i.e., wood walls or floor) and not to personal property (e.g., furniture) in the dwelling
– MBE questions often assume that the jurisdiction’s arson law applies to structures other than dwellings - **even your own business
house burning
- Definition: The burning of one’s own dwelling with malice.
- The structure must either be in a city or town, or so near to other homes as to create a danger to these structures.
perjury
• Definition: Willful and corrupt taking of a false oath in a judicial proceeding
»> Perjury is a specific intent crime
»> A statement that is alleged to be perjured must be material (i.e., it might affect some phase of the judicial proceeding) and it is not considered perjury if the witness recants before the end of trial
• One who intentionally causes another to commit perjury is guilty of subornation of perjury.
bribery
- Definition: Corrupt payment or receipt of anything of value in return for official action
- Both offering a bribe or taking a bribe is a crime under modern law
- Bribery is a specific intent crime and is a Wharton Rule crime
