Theft

Question 1

Robbery Elements

Answer 1

• Larceny
• From the person or presence of the victim
• By force or threat of force

Question 2

Larceny

Elements

Answer 2

Actus Reus

• Trespassory
• Taking of possession
• And carrying away
• Of personal property
• From another’s possession

Mens Rea

• With intent to steal it permanently

Question 3

Larceny

Trespassory

Answer 3

The possession must be taken without the consent of the victim or in the absence of a justification for the nonconsensual dispossession.

Question 4

Larceny

Possessorial Immunity

Answer 4

If there is a consensual transfer of possession, then the recipient is not liable under larceny law no matter what she does with the property

Question 5

Larceny

Taking of Possession`

Answer 5

This is generally thought of as acquiring physical control.

Question 6

Larceny

Carrying Away

Answer 6

Courts have interpreted this asportation requirement to be statified by the slightest carrying away movement.

Given how easily this requirement is satified, the MPC eliminates it

Question 7

Larceny

Personal Property

Answer 7

Larceny does not include the taking of real property, only property that is not attached to the land.

Larceny covers the trespassory taking of domesticated or wild animals that are confined, but not animals in the state of nature.

Larceny only covers tangible personal property

Question 8

Larceny

From Another’s Possession

Answer 8

This is about possession, not ownership. Property can be possessed by having physical control over it or by exercising control or dominion over it.

Question 9

Larceny

Intent to Steal

Answer 9

To be liable for larceny, the defendant must intend to steal the property.

Intent to steal is a dual mens rea:

• intent to take and carry away property that is in another’s possession without that person’ss ntent and
• intent to permanently deprive the person of that property

However, if temporary deprivation leads to loss of a portion of the property’s value, a defendant might be liable for larceny of that portion

Question 10

Closing Larceny Loopholes

Answer 10

Actus Reus

1. Trepassory
   
   • Larceny by Trick (doctrine)
   • False Pretenses (crime)
2. Taking of Possesion
   
   • Breaking the Bale / Bulk (doctrine)
   • Custody (doctrine)
   • Embezzlement (crime)

Mens Rea

1. With Intent to Steal
   
   • Continuing Trepass (doctrine)

Question 11

Closing Larceny Loopholes

Breaking of the Bale / Balk

Bailment

Answer 11

Contractual relationship in which possession of property is given for a particular purpose.

Question 12

Closing Larceny Loopholes

Breaking of the Bale / Balk

Bailor

Answer 12

`Person who gives possession to the bailee

Question 13

Closing Larceny Loopholes

Breaking of the Bale / Balk

Bailee

Answer 13

Person who receives possession

Question 14

Closing Larceny Loopholes

Breaking of the Bale / Balk

Answer 14

The bailee has possession of the container but only custody of the contents of the container.

If he opens the container, he then takes trespassory posssession of the contents

Question 15

Closing Larceny Loopholes

Custody

Answer 15

When a person having possession gives another person physical control over that property for a limited purpose,

• then, even though the recipient has phyisical control over the property
• the recipient is deemed to only have custody of the property.

The initial possessor still has constructive possession over the property

A person in physical control of property if he

• has temporary and extremely limited authorization to use the property (no contractual relationship)
• received the property from his employer for use in the employment relation
• is a bailee of goods enclosed in a container or
• obtained the property by fraud

Question 16

Closing Larceny Loopholes

Custody

Non-Contractual Relationship

Answer 16

When there is no contractual relationship between the two parties, the person taking custody of the property is deemed to take possession if it if she leaves the intial possessor’s physical vincinity.

Question 17

Closing Larceny Loopholes

Custody

Employment

Answer 17

When an employer gives an employee physical possession of property, the employer retains contructive possession and the employee only has custody, even if he leaves the employer’s physcal vicinity.

This continues as long as the employee uses the property in an authorized manner.

If te employee uses the property in an unauthorized manner, he takes possession of it.

Question 18

Closing Larceny Loopholes

Embezzlement

Answer 18

The elements are

• A non-trespassory taking of personal property
• Entrustment
• Fraudulent conversion of property

Question 19

Closing Larceny Loopholes

False Pretenses

Answer 19

The elements are

• using false representations of fact to
• obtain title of another’s personal property
• with intent to defraud

Question 20

Closing Larceny Loopholes

Larcent by Trick (Fraud)

Answer 20

If the person taking consensual possession of property intentionally deceived the inital possessor about a material fact (defrauded), the jury may deem the seemingly consensual transfer as trespassory.

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

Question 21

Closing Larceny Loopholes

Continuing Trespass

Answer 21

When the inital taking of property is trespassory, the non-consensual nature of the taking continues throughout the time of possession.

So even if the intent to steal is formed later, there will be concurrence of the elements.

Question 22

Larceny

Acting With Lawful Justification

Answer 22

A person is not liable for larceny if she acts with lawful justification.

This generally refers to when law enforcement officers seize property

Question 23

Larceny

Lost Property

Answer 23

If a person finds lost property, she must take reasonable steps to return the property to the owner if the property is found under circumstances that

• reveal who the owner is or
• give reason to believe that the owner’s identity can be determined.

In such circumstances, the owner (or prior possessor) is deemed to have constructive possession of the property

Question 24

Larceny

Mislaid Property

Answer 24

An owner of mislaid property is deemed to retain contructive possession of it because he probably will come looking for it. If someone finds it and takes it with intent to steal, it’s larceny. But if he picks it up with honest intentions, it’s not.

Question 25

Larceny

Taking From a Thief

Answer 25

Generally, it does not matter for larceny that the person from whom possession is taken without consent had no right to possess the property to begin with.

Question 26

Larceny

Claim of Right

Answer 26

If one trespassorily takes possession believing wrongly, but in good faith, that she has a right to possess the property, then she is acting under claim of right. In such situations, the defendant is not liable for larceny because she does not have the intent to steal.

In many jurisdictions claims of right are inapplicable if the defendant uses force to take property.

Question 27

Larceny

Claim of Right

Forced Sale

Answer 27

If someone takes property that was not for sale with the intent to pay for it, he should be convicted of larceny, especially when the person knows the initial possessor had no intention of selling the property.