Theft Flashcards
What is larceny
The intentional trespassory taking and carrying away of the personal property of another with the intent to permanently deprive
What is the AR of larceny
trespassory taking. only of personal property b/c real or intellectual property isn’t transportable
What are the attendant circumstances of larceny
carrying away of another’s property (asportation) very slight movement is required. attempted larceny if there is no carrying away
What is the MR of larceny
intent to take (general intent)
intent to permanently deprive (specific intent)
What are the concurrence rules for larceny
The intent to steal MUST occur at the time of the conversion.
What is the continuing trespass rule in larceny
The trespassory taking continues until the taking is terminated Defendant takes an object meaning only to deprive temporarily (borrow) but then later decides to steal it. ∆ can still be convicted of larceny based on continuing trespass
What is ownership
The person with title to the property
What is possession
When property is given with no condition and you have full dominion and control
What is custody (of an item)
A temporary, conditional possession given by the person with the constructive possession. If you go outside of the conditions, you convert custody –> possession and have committed a trespassory taking
What is larceny by trick
If you obtain consent to possession by trick/deception there is no legal possession b/c consent is invalid. Owner retains constructive possession
What is mislaid property
Owner of property may still have constructive possession over the property at the time. If you take it, you have committed the actus reus of larceny, BUT if you can convince a jury that the ∆ honestly but unreasonably believed the item was abandoned, then it negates the specific intent to steal and you are left with a lesser included offense of unlawful/trespassory taking
At what point does property stop being “lost” and start being “abandoned”
Finder of abandoned property must make a reasonable effort to find the true owner for the statutory period of time. If it is truly abandoned, no larceny because the true owner renounced possessory interest
What is bailment
when you give someone possessions to carry somewhere (i.e. movers) If baillee takes entire bailed item, it isn’t larceny, but hf he breaks the bulk and takes part of the bail he is guilty of larceny (ex. armored car driver isn’t committing a crime by moving the banks money, but if he breaks teh bundle and takes some it is larceny)
What is robbery
Larceny by use of force or threat of force
What is an attendant circumstance of robbery
Force or threat of force
