Theft Flashcards
What are the traditional CL divisions of theft?
Larceny
Embezzlement
False Pretenses
What is the CL definition of larceny?
A trespassory taking (capture) and carrying away (asportation) of the property of another w/ intent to permanently deprive owner of possession (as opposed to false pretenses, in which both title and possession pass)
*Distinction between possession and “charge” for servants (if property is in constructive possession of the master and servant takes it→larceny)
What is the CL definition of embezzlement?
A breach of trust that does not involve a trespassory taking (i.e. taking into possession goods or valuables received on behalf of employer)
What is the CL definition of false pretenses?
False pretenses is
(1) fraudulent procurement of property and
(2) taking TITLE and POSSESSION (as opposed to larceny, in which only possession passes)
What crime occurs when a person honestly receives possession upon trust (express or implied) and then fraudulently converts them to his use after receiving them?
Embezzlement
What crime occurs when possession of goods is obtained by fraud and the owner intends to part with title and possession?
False Pretenses
What crime occurs when possession is fraudulently obtained with intent on part of person obtaining it at time he receives it to convert it to his own use and person parting with it intends only to part with possession and NOT title?
Larceny
What is the MPC definition of theft?
MPC 223.1(1) consolidates embezzlement, false pretenses, and larceny into a single offense. An accusation of theft may be supported by evidence that it was committed in any manner
*Many states have adopted this approach; OK to charge D with one version of theft and find him guilty of another, so long as he was not misled about underlying actions constituting theft
What kinds of conduct constitute consolidated theft?
MPC theft statute includes theft by unlawful taking or disposition, theft by deception, theft by extortion, theft of property lost, mislaid, or delivered by mistake, receiving stolen property, theft of services, and theft by failure to make required disposition of funds received
What constitutes property?
“Anything of value” including services and land/intangible property (not included in the past)
What is the requirement of intent?
Requirement is intention to deprive (animus furandi) at the time of taking
- Extreme recklessness could probably be an amicus furandi substitute in some cases
- Claim of right generally defeats animus furandi (but even so, you can’t take more than you can legitimately claim, take it before it is due, or take it with use of force in some JDs)
When is a false statement a false pretense/theft by deception?
A false statement is a false pretense only when it misrepresents an existing fact.
Predictions or expressions of intent are not false pretenses.
Puffing is unlikely to fall under theft by deception as long as the ordinary persons in the group addressed are unlikely to be deceived
Is subsequently formed intent (ex. after a finding) sufficient intent for the crime of larceny?
Old CL - No. There must be felonious intent to steal at the time of taking
MPC - Yes. There can be larceny no matter when felonious intent is formed
What is the CL definition of aggravated theft?
Larceny committed w/ force or threat of force; extortion
Instead of force, it requires threats to injure, accuse someone of criminal offense, expose a secret, withhold action as an official, bring about a strike, testify or provide information, or inflict any other harm
