Theft

Question 1

larceny: common law

Answer 1

1) a “trespassory taking” of property
2) from the “possession” of the owner
3) and a “carrying away” of the property.

Question 2

Larceny by trick [LBT]

Answer 2

all of the elements of traditional larceny – in addition to a “trick” element, i.e., false representation.

LBT – like larceny - only covers “conversion” of the property.

Question 3

False representation

Answer 3

(1) an intentional false promise about a future act or

(2) an intentional false statement about past or present facts.

Question 4

Embezzlement: common law

Answer 4

1) defendant is an employee of the victim or other individual in a position of trust, rather than a stranger.
2) As part of the “trust” relationship, the defendant has a legal duty to use the property only for the purpose intended.
3) defendant must intend to appropriate the property to his or her own use at that time].

Question 5

“appropriation”

Answer 5

requires that the property has:

1) remained in the possession of the defendant,
2) and the owner was permanently deprived of the use or control of the property,
3) or deprived of it for so extended a period of time or
4) under such circumstances that the major portion of the economic value or benefit of the property had been acquired by the defendant or some third person.