theft

Question 1

elements of basic larceny

Answer 1

(1) trespassory taking and (2) carrying away of (3) personal property of another (4)from possession of another person (5) with intent to permanently deprive

Question 2

is basic larceny general intent or specific intent?

Answer 2

specific intent

Question 3

define the “caption” element of larceny

Answer 3

taking - securing dominion over the property of another

Question 4

define asportation

Answer 4

carrying away - small movement is enough

Question 5

define the types of personal property which qualify for larceny

Answer 5

must be tangible, but also includes gas and electricity

Question 6

what types of personal property do not qualify for larceny?

Answer 6

realty or attached fixtures

Question 7

if one sells stolen goods back to the owner and keeps the money, is that larceny?

Answer 7

yes

Question 8

if one intends to borrow, is that larceny?

Answer 8

no

Question 9

explain the continuing trespass doctrine

Answer 9

defendant’s retaining possession of the item is a trespass, and at the moment the intent is formed to permanently hold the item, the larceny is then complete

Question 10

define robbery

Answer 10

elements of larceny plus (from the other’s person or presence) + force or intimidation

Question 11

what is aggravated robbery?

Answer 11

robbery + (dangerous or deadly weapon)

Question 12

definition of “dangerous weapon”

Answer 12

items that are, by their nature, capable of causing serious injury or death - but also includes items that are used/displayed in a way that they reasonably appear capable of causing serious injury/death

Question 13

what is embezzlement?

Answer 13

fraudulent conversion of property of another by a person in lawful possession of the property entrusted to him

Question 14

elements of larceny by false pretenses

Answer 14

(1) obtaining TITLE (2) to the property of another (3) by an intentional false statement of past or existing fact (4) with the intent to defraud the other

Question 15

elements of burglary

Answer 15

(1) breaking and entering (2) into the dwelling of another (3) at night (4) with the intent to commit a felony therein

Question 16

for burglary, when must the intent to “commit a felony therein” be formed?

Answer 16

intent must be formed before entry

Question 17

what is larceny by trick?

Answer 17

when consent to the taking is given, but only because it was induced by misrepresentation

Question 18

what is the single larceny doctrine?

Answer 18

when the thefts were part of the same larcenous impulse or scheme and were parts of a continuous act, a single larceny has occurred

Question 19

can one be prosecuted for taking lost or mislaid property?

Answer 19

the finder of lost property must make every reasonable effort to find the owner when he has the means to do so

Question 20

whose possession is lost/mislaid property considered to be in?

Answer 20

still in constructive possession of the owner

Question 21

what’s the breaking bulk doctrine?

Answer 21

when one is given possession of a bale, they’re not given possession of its contents- when bale is broken and all or some is stolen, he is guilty of larceny because taking was trespassory

Question 22

when is one guilty of receiving stolen property?

Answer 22

mens rea of “knowing” is sufficient - statutes may include “reasonable belief” - possession may not need to be “manual possession”