Theft and Property Crimes

Question 1

Larceny: Elements

Answer 1

1. Trespassory
2. Taking
3. Carrying away
4. Personal Property of another
5. With the intent to permanently deprive them of their property

Question 2

Larceny: Lost/Misplaced Items

Answer 2

Common Law: 2 Factors to be guilty

1. D had to know or reasonably know owner could be found –> if no reasonable clue to ownership, then it is his (dollar bill in street)
2. Intent to deprive must be present at the taking

MPC: 2 factors to be guilty

1. Failed to take a reasonable measure to return to owner
2. Intent to deprive appears at some point and time

Question 3

Larceny: Misdelivered Goods

Answer 3

Common Law: 2 factors for guilt

1. Must realize the mistake
2. Intent to permanently deprive must occur at the time of deliver

MPC: 2 factors for guilty

1. No matter when the intent occurs, D
2. Must take reasonable measures to return

Question 4

Larceny: MPC Change of Heart

Answer 4

If one takes with intent to deprive, but changes their mind and returns the property they are not guilty of larceny
*NOTE: Applies only to Lost/Misplaced and Misdelivered goods

Question 5

Larceny: Continuous Trespass Doctrine

Answer 5

If there is no intent at initial wrongful taking, but it develops later, the law views it as one continuous event

Question 6

False Pretenses: Elements

Answer 6

1. Misrepresentation
2. Of a past or present material fact
3. Which victim relies upon misrepresentation
4. To transfer title (ownership) to defendant
5. Who knew representation was false (intent to defraud)

Question 7

Larceny by Trick: Elements

Answer 7

1. Misrepresentation
2. Of a past or present material fact
3. Which victim relies upon misrepresentation
4. To transfer possession to defendant
5. Who knew representation was false (intent to defraud)

Question 8

Embezzlement: Elements

Answer 8

1. Appropriation
2. Of property
3. Of another
4. By one entrusted with possession
5. With intent to deprive someone of their property (fraud)
   * Note: Intent does not need to be “permanent”

Question 9

Robbery: Elements

Answer 9

1. Trespassory
2. Taking
   - by force OR apprehension of infliction of imminent force, AND
   - Taking must be from victim or victim’s immediate control
3. Carrying away
4. Personal Property of another
5. With the intent to permanently deprive them of their property

Question 10

Burglary: Elements

Answer 10

Traditional CL:

1. Breaking
2. Entering
3. Into the dwelling of another
4. At Night
5. With the intent to commit a felony

Modern Approach:

1. Unauthorized entry of
2. A building or home
3. With intent to commit any crime