Theft

Question 1

Trespassory

Answer 1

nonconsensual/without privilege

Question 2

Taking

Answer 2

asserting control and dominion over property

Question 3

Carrying away

Answer 3

(asportation)
Movement away from the point of caption
Not just an act in furtherance of the process of taking possession

Question 4

Property (modern cl)

Answer 4

Personal property
Anything that can be moved/not affixed (no real property)
Pets (all states), services (most states)
Documents and other papers that represent intangible rights
Utilities (gas/electricity)

Question 5

Co-owned property

Answer 5

Common Law–Not larceny to take property that D jointly owned with co owner
Modern Common Law–D not entitled to infringe despite D’s ownership interest

Question 6

Larceny

Answer 6

(1) the trespassory “taking” and “carrying away” of personal property
(2) from the possession of another
(3) with the intent to permanently deprive the owner of it. (Where there is an intent to return no liability for larceny–D’s belief that they will be able to return the item has to be reasonable

Question 7

Doctrine of continuing trespass

Answer 7

Trespassory nature continues as long as D has the property.
Every moment that D retains possession of another’s property constitutes a new trespassory taking.
Continues until D terminates possession of the property.

Question 8

Larceny by Trick

Answer 8

One who obtains possession of, but not title to, property by another through fraud or deceit who has the intent to unlawfully convert and who later does so convert is guilty of larceny by trick. Larceny by trick occurs when the D fraudulently induces the victim to deliver possession of the property to the D.

Question 9

Embezzlement

Answer 9

the fraudulent conversion of;
the property of another;
by someone who is already in lawful possession of it (or by someone to whom it has been “entrusted”).
“Conversion” means some act that seriously interferes with the owner’s ability to use the property. Conversion does not have to be for the D’s benefit.
Fraudulent–Mistaken claim of right, or intent to return, negates specific intent of “fraudulent.”

Question 10

Larceny by false pretense

Answer 10

(1) D knowingly or recklessly makes a false statement of fact that
(2) causes the victim
(3) to pass title to the defendant.
The defendant must: (4) know the statement is false; and
(5) thereby intend to defraud the victim.

Question 11

Burglary

Answer 11

(1) entering (2) a structure (3) with the knowledge that the entry is not licensed, and (4) with the intent to commit a crime within the structure.

Question 12

Robbery

Answer 12

(1) felonious intent, (2) force or putting in fear as a means of effectuating the intent, and (3) by that means taking and carrying away the property of another from his person or in his presence.
Note: robbery is larceny plus two additional elements:
(1) property must be taken from owner’s presence; and,
(2) by force or intimidation.