Theft Flashcards
What is common law larceny?
Trespassory taking and carrying away with the intent to steal the property
What is the common law larceny actus reus?
“Trespassory Taking (Caption) and Carrying Away (Asportation)”
What is the rule from Lee v. State? (larceny)
Larceny is defined as the taking of another’s property from his possession without his consent, even though no force was used
What is the rule from state v. Jones? (larceny)
An act that deprives the rightful owner of possession of property already in the actor’s custody is a taking sufficient for larceny. (case where man is given extra funds accidentally and takes them from his bank account)
What is the rule from United States v. Mafnas? (larceny)
One who receives property for a limited or temporary purpose does not have lawful possession of the property. (case where employee “breaks bulk” and steals from bank bags he is transporting)
What is the rule from Topelewski v. State? (larceny)
Where an owner of property, by himself or his agent, actually or constructively aids in the commission of an illegal act by performing some essential portion of the transaction as intended by the wrongdoer, the would-be criminal is not guilty of all the elements of larceny, specifically a trespass. (Case where owner allows meat barrels to be stolen and calls it larceny)
What is the rule from Rex v. Pear? (larceny)
“Larceny by trick” is when a defendant possesses property temporarily and turns around and sells it, then disappears (case where defendant rented a horse and sold it)
What is the mens rea for common law larceny?
“With the intent to steal the property” (Specific intent)
What is the rule from People v. Brown? (larceny)
The crime of larceny requires a felonious intent to wholly and permanently deprive the owner of the property.
What is the continuing trespass doctrine? (larceny)
Allows the actus reus to happen “continuously” over time, so that the unity of mens rea and actus reus can happen when the defendant decides to actually steal the property after simply taking it with the intent to return it
What is the claim of right (larceny)?
The common law and MPC provide that a person is not guilty of theft if she takes and carries away another’s property believing that it belongs to the actor or that she has some other legal right to take possession
What was the rule from People v. Davis? (larceny)
A person who takes unpurchased merchandise from a store and attempts to obtain a refund commits larceny by trespass.
What is the MPC approach to larceny?
A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof. (No “carrying away” requirement)
What are the elements of theft by false pretenses?
(1) false representation of an existing fact;
(2) made with intent to defraud the property’s owner; and
(3) the property’s owner was defrauded (gave up property in reliance on false representation)
What is the difference between false pretenses and larceny by trick?
Larceny by trick involves taking only possession of the property itself, whereas theft by false pretenses involves taking both the possession and title (ownership)
False pretenses involves transfer of both possession of and title to the property; larceny-by-trick involves transfer of possession only
