Theft and Fruad

Question 1

Theft [CL]

Answer 1

(1) A trespassory taking and carrying away property from the possession of another with intent to permanently deprive the owner of the property
(2) Focuses on the lack of consent from owner, not on the actual taking and trespass

Question 2

Fraud [CL]

Answer 2

(1) Intentional deception for financial or personal gain

(2) Focuses on the intent to commit crime at the time

Question 3

Federal Mail Fraud Statute

Answer 3

Must be read to include everything designed to defraud by representations as to the past, present and future

Question 4

Robbery [CL]

Answer 4

(1) Crime against a person
(2) Form of aggravated theft
(3) The felonious taking of personal property from another person through the use of force, the threat of force, or fear [express or implied]
(4) Usually accomplished by using a deadly weapon

Question 5

Larceny [CL]

Answer 5

(1) Crime against property
(2) The felonious taking of property from another against his will
(3) Without the use of force, the threat of force, or fear

Question 6

Burglary [CL]

Answer 6

(1) Breaking and entering in the home of another, at night, to commit a felony therein
(2) Theft is not required to sustain a charge

Question 7

Burglary Views [CL]

Answer 7

(1) Trespass alone ≠ burglary b/c D must have the intent to commit a felony
(2) D can still be charged with burglary even if D did not know that he not have the privilege, license, and/or consent to be in the building [strict liability]