Theft

Question 1

What does Theft require?

Answer 1

1) Knowledge [plus]
2) Unlawfully obtaining or exercising control over the property of another.
3) An intent to permanently deprive the owner of the property.

Question 2

What is Common Law Larceny?

Answer 2

A trespassory taking of property from the possession of the owner and a carrying away of the property.

Question 3

What are the two types of MPC theft and what types of Common Law crimes do they take in?

Answer 3

1) Unlawful Taking - Includes Larceny, larceny by trick, and embezzlement
2) Theft by Deception - Includes False Pretenses

Question 4

What is usually the mens rea, actus reus, and main element of common theft crimes?

Answer 4

Mens Rea: Knowledge
Actus Reus: unlawfully obtaining or exercising control over the property of another.
Also requires an intent to permanently deprive the owner of the property.

Question 5

What is property as it pertains to theft?

Answer 5

Property includes anything of value, whether measured by market value or value as measured by the interest of the true owner.

Question 6

Hypo: 18 USC §641 punishes the unauthorized sale of government property. Is verbal information from a federal agent to a known drug dealer about the background of four of his suppliers’ property, a thing of value?

Answer 6

Yes, a thing of value has been interpreted to include intangibles – such as shared verbal information. A thing of value is not required to be the ordinary subject of commerce.

Question 7

What is a Claim of Right defense to theft crimes?

Answer 7

An honest belief that the defendant was entitled to the property at issue.