Theft Flashcards
Larceny
Larceny is the
(1) trespassory
(2) taking and
(3) carrying away of
(4) tangible personal property
(5) of another
(6) with the intent to permanently deprive the other of his interest in the property.
Embezzlement
Embezzlement is the
(1) fraudulent
(2) conversion
(3) of property
(4) of another
(5) by a person in lawful possession of that property
Thus, the taking is not trespassory because the embezzler is in lawful possession.
False Pretenses/Larceny by Trick
False Pretenses consists of
(1) obtaining title
(2) to the property of another
(3) by an intentional or knowing false statement of past or existing (but not future) fact
(4) with the intent to defraud the other.
The false or fraudulent statement must cause the owner to part with title.
Robbery
Robbery is the
(1) taking
(2) of personal property
(3) of another
(4) from the other’s person or presence
(5) by force or threat of force
(6) with the intent to permanently deprive the other of his interest in the property.