Theft

Question 1

Elements of Larceny

Answer 1

1. Trespassory
2. taking of possession
3. AND carrying away
4. of personal property
5. of another
6. from another’s possession
7. with intent to steal

Question 2

POSSESORIAL IMMUNITY

Answer 2

Person not liable under larceny laws when there’s a consensual transfer of possession – no matter what she does with that property

Question 3

Is Trespassory non-consensual?

Answer 3

Yes. Non-consensual from victim’s viewpoint.

Question 4

Did MPC abolish carrying away element?

Answer 4

Yes. MPC abolished carrying away element.

Question 5

Two types of personal property

Answer 5

Tangible - Physical & Intangible - Stocks.

Question 6

Two types of possession

Answer 6

o physical control
o OR
o Exercising control or domination over it

Question 7

Dual Mens Rea – for stealing

Answer 7

PURPOSELY

1. Intent to take + carry away property that is in another’s proper possession
   - AND
2. Intent to permanently deprive the person of that property

Question 8

SPECIAL CIRCUMSTANCES

Answer 8

• LAWFUL CIRCUMSTANCES
• LOST PROPERTY
• TAKING FROM A THIEF
• CLAIM OF RIGHT

Question 9

CLAIM OF RIGHT

Answer 9

If you mistakenly but in good faith, take property – no purpose of permanent deprivation – not larceny

Question 10

LAWFUL CIRCUMSTANCES

Answer 10

o Person doesn’t do larceny if she acts w. lawful justification
o Ex. law enforcement seizing property

Question 11

SPECIAL DOCTRINES & CRIMES

Answer 11

SPECIAL DOCTRINES

1. BreakingtheBale
2. Custody
3. LarcenybyTrick
4. ContinuingTrespass

CRIMES

1. False Pretenses
2. Embezzlement

Question 12

TAKING OF POSSESSION: Breaking the Bale

Answer 12

• Courts held that the bailee does not get possession of the internal contents of the package
• So if the bailee opens the package, the bailee has broken the bale and has exercised possession over the contents within the package.

Question 13

TAKING OF POSSESSION: CUSTODY

Answer 13

1. THIRD PARTIES: - no contractual relationship
   • The person taking custody is deemed to take possession of the property when she leaves the physical vicinity of the person who initially had possession.
2. EMPLOYEE: Contractual –
   • It is when the employee uses the property in an unauthorized manner that the employee is deemed to have taken possession of that property

Question 14

TAKING OF POSSESSION: EMBEZZLEMENT - CRIME

Answer 14

1. NON-TRESPASSORY POSSESSION OF PERSONAL PROPERTY
2. ENTRUSTMENT
3. FRAUDULENT CONVERSION OF THE PROPERTY

Question 15

TRESPASSORY - FALSE PRETENSES - CRIME

Answer 15

1. OBTAINING TITLE TO ANOTHER’S PERSONAL PROPERTY
2. USING FALSE REPRESENTATIONS OF FACT
3. WITH AN INTENT TO DEFRAUD

Question 16

TRESPASSORY - LARCENY BY TRICK - DOCTRINE

Answer 16

o If the person taking consensual possession of property defrauded the person who had possession (that is, intentionally deceived that person about a material fact), then the jury may deem the seemingly consensual transfer of possession to be Trespassory.

o For this doctrine to apply, the jury must find that the intent to steal existed at the time the recipient was taking possession.

Question 17

INTENT TO STEAL - CONTINUING TRESPASS - DOCTRINE

Answer 17

o Where the initial taking of property is Trespassory, the non-consensual nature of that taking continues throughout the time of possession
o So even if the intent to steal if formed later, there will be concurrence of the elements.