Theft Flashcards
What are the three usual statutory elements of the crime of receiving stolen goods?
It requires:
(i) Receiving control (not necessarily possession) of stolen property;
(ii) Knowledge that the property is stolen; and
(iii) Intent to permanently deprive the owner of the property.
Note: Knowledge that the property is stolen must coincide with the act of receiving the property.
What is the continuing trespass rule relating to larceny?
The continuing trespass rule considers a situation where the taking was done without permission, but without the intent to permanently deprive. However, at some time after the initial taking, the defendant forms the intent to permanently deprive the owner. Under this rule, the trespass is considered to continue in order for the criminal act to coincide with the criminal intent, resulting in larceny.
Can the owner of property be guilty of larceny regarding that property?
Yes. The owner of property can be guilty of larceny when someone other than the owner is entitled to current possession of the property.
What two elements are added to common-law larceny to establish a robbery?
A robbery is a larceny
(i) from the person or presence of the victim, and
(ii) achieved by force or intimidation.
What are the six common-law elements of burglary?
(i) Breaking and;
(ii) Entering;
(iii) Of the dwelling;
(iv) Of another;
(v) At nighttime;
(vi) With the specific intent to commit a felony therein.
Modern - commercial buildings count; no need for nighttime
What are the five elements of embezzlement?
Embezzlement is the:
(i) Fraudulent;
(ii) Conversion;
(iii) Of the property;
(iv) Of another;
(v) By a person who is in lawful possession of the property.
What are the six elements of common-law larceny?
Larceny is the:
(i) Trespassory;
(ii) Taking and;
(iii) Carrying away;
(iv) Of the personal property;
(v) Of another;
(vi) With the intent to permanently deprive that person of the property (i.e., intent to steal).
Note: Larceny is a specific-intent crime.
What is the main difference between larceny by trick and false pretenses?
Under larceny by trick, the defendant obtains possession. Under false pretenses, the defendant obtains title.
When is a burglary complete? If a person is caught inside the house, what can they be charged with?
Once the defendant enters the dwelling with the requisite intent, the burglary is complete. This means that there is no need to prove that the defendant completed the underlying felony to obtain a burglary conviction.
A burglary defendant who did not complete the underlying felony is also guilty of the attempted commission of that felony. That is because the defendant (1) specifically intended to commit the felony and (2) performed an overt act in furtherance of the felony—the unlawful breaking and entering.
Can a claim of right justify actions that would otherwise constitute robbery?
However, a claim of right cannot serve as a justification for robbery in most states.
Is a defendant guilty of larceny if they harvest another’s crops?
NO because doesn’t count as personal property.
The taking of real-property items (e.g., unharvested crops) is not larceny when the defendant’s act of severance occurs immediately before the carrying away of the real-property items.