theft Flashcards
elements of basic larceny
(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
is basic larceny general intent or specific intent?
specific intent
define the “caption” element of larceny
taking - securing dominion over the property of another
define asportation
carrying away - small movement is enough
define the types of personal property which qualify for larceny
must be tangible, but also includes gas and electricity
what types of personal property do not qualify for larceny?
realty or attached fixtures
if one sells stolen goods back to the owner and keeps the money, is that larceny?
yes
if one intends to borrow, is that larceny?
no
explain the continuing trespass doctrine
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
define robbery
elements of larceny plus (from the other’s person or presence) + force or intimidation
what is aggravated robbery?
robbery + (dangerous or deadly weapon)
definition of “dangerous weapon”
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
what is embezzlement?
fraudulent conversion of property of another by a person in lawful possession of the property entrusted to him
elements of larceny by false pretenses
(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
elements of burglary
(1) breaking and entering (2) into the dwelling of another (3) at night (4) with the intent to commit a felony therein
for burglary, when must the intent to “commit a felony therein” be formed?
intent must be formed before entry
what is larceny by trick?
when consent to the taking is given, but only because it was induced by misrepresentation
what is the single larceny doctrine?
when the thefts were part of the same larcenous impulse or scheme and were parts of a continuous act, a single larceny has occurred
can one be prosecuted for taking lost or mislaid property?
the finder of lost property must make every reasonable effort to find the owner when he has the means to do so
whose possession is lost/mislaid property considered to be in?
still in constructive possession of the owner
what’s the breaking bulk doctrine?
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
when is one guilty of receiving stolen property?
mens rea of “knowing” is sufficient - statutes may include “reasonable belief” - possession may not need to be “manual possession”
