Theft and Property Offenses

Question 1

Embezzlement

Answer 1

(1) defendant came into possession lawfully and then (2) converted the value for their own use (3) through a relationship of entrustment
(no title conveyed) – converts to personal use
**Ex: attorney trust account
**repayment does not undo embezzlement

Question 2

False pretenses

Answer 2

(1) defendant acted with intent to defraud (2) by knowingly misrepresenting a past or present fact (3) which induced victim to give defendant title to the property
(title) – title obtained by false statement
 Doesn’t require proof of asportation
 Agreement to repay doesn’t count because it concerns FUTURE conduct (but could be FP if defendant at time said he had $10k in bank account)
 Omission can be basis for FP charge if defendant had a duty to make a disclosure

Question 3

Receiving stolen property

Answer 3

(1) receiving, retaining, or disposing of (2) stolen property of another (3) knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.

Question 4

Robbery

Answer 4

(1) trespassory taking and (2) carrying away of (3) personal property (4) of another person (5) with intent to permanently deprive the possessor of the property (6) from the person or presence of the victim (7) with violence (force) or threat of violence
Fear or force used

Question 5

Larceny

Answer 5

(1) trespassory taking and (2) carrying away of (3) personal property (4) of another person (5) with intent to permanently deprive the possessor of the property
o Joyriding is NOT example because the deprivation is temporary
o Personal property only, NOT real property

Question 6

Larceny by trick

Answer 6

(1) defendant acted with intent to defraud (2) by knowingly misrepresenting a past or present fact (3) which induced victim to give defendant possession of the property
(no title)
o The victim voluntarily gives over possession of the property in response to the misstatements of the perpetrator

Question 7

Burglary

Answer 7

(1) breaking and (2) entering (3) a dwelling house (4) of another (5) at night (6) with intent to commit a felony therein

Question 8

“Breaking” in the context of burglary

Answer 8

a breaking occurs when a person increases an opening, however slight, in a dwelling.
–> E.g., pushing open a partially open window 6 inches more, pushing a partially open door an add’l 12 inches, turning handle of unlocked door

Question 9

“Therein” in the context of burglary

Answer 9

inside dwelling house (can make the difference between it being burglary or not)

Question 10

“Entry” in the context of burglary

Answer 10

an intrusion into the building of any part of the body, an arm, a hand, a finger, or a foot, or in some instances, of an instrument, providing the instrument is inserted and utilized as a means of effectuating or attempting to effectuate the theft and not solely as a means of accomplishing the breaking into the building
* Putting coat hanger in to unlock door is not enough
* But as you are doing so and your finger crosses over the plane, NOW it’s enough
* Putting coat hanger in to steal purse is enough

Question 11

Continuing trespass doctrine

Answer 11

even if defendant initially intended to only take the property temporarily, it becomes a larceny at the moment the defendant has the intent to permanently hold the item (can only be done when the taking occurred WITHOUT PERMISSION)
–> this is an exception to concurrence

Question 12

Concurrence w/ respect to theft

Answer 12

the intent to steal must concur with the taking of the property, but the continuing trespass doctrine is an EXCEPTION to this

Question 13

Single larceny doctrine

Answer 13

a single larceny occurs when the evidence supports a finding that the thefts were part of the same larcenous impulse or scheme and were part of a continuous act
o ASK: were the thefts all part of one impulse

Question 14

Lost or mislaid property

Answer 14

finder of lost or mislaid property must make every reasonable effort to find the owner when he has the means to do so or else risk prosecution

Question 15

Stealing from a thief

Answer 15

still unlawful even though possessor obtained items unlawfully  victim’s criminal background is irrelevant

Question 16

Breaking bulk

Answer 16

taking the whole package isn’t larceny (custody), but opening the package and taking contents = larceny (applies to delivery people)

Question 17

Doctrine of recent possession

Answer 17

(NC accepts this) allows an inference of guilt based on defendant’s recent possession of stolen property after a recent larceny or breaking and entering. State must prove beyond a resasonbale doubt that

Question 18

What type of crime is larceny?

Answer 18

Larceny is a specific intent, conduct crime, and a common law felony – the other offenses are English misdemeanor statutes

Question 19

Mens rea of larceny

Answer 19

intent to steal/deprive the owner of the personal property permanently

Question 20

There are can be no larceny without a…

Answer 20

TRESPASS (the act of taking and carrying away the personal property of another is not in itself an offense)

Question 21

Trespass in this context means

Answer 21

without consent

Question 22

Possession

Answer 22

A person has possession of the property when he has sufficient dominion or control over it to use it in a reasonably unrestricted manner (possession can be actual or constructive; all unabandoned property is under either actual or constructive possession at all times)

Question 23

Actual possession

Answer 23

if the person is in physical control of the property

Question 24

Constructive possession

Answer 24

if he is not in physical control of the property but retains the power to exercise dominion or control over it

Question 25

Custody

Answer 25

NOT the same as possession; custody is when a person only has access to the property for a temporary period and his access to it is substantially restricted by the person in constructive possession of the property

Question 26

How does presence affect whether it’s custody v. possession?

Answer 26

Presence of car dealer during test drive = test driver has custody; absence of car dealer during test drive = driver has possession, so if he drives away while hr end given lawful consent becomes EMBEZZLEMENT, not larceny.

Question 27

Asportation v. “in furtherance of”

Answer 27

1.) “Asportation”: any act of carrying away, even if it is only a “hair’s breadth”; LARCENY
2.) “In furtherance of”: the change in position of the property does not meet the asportation requirement, instead it’s an act in furtherance of the process of taking possession the contents of the container (e.g., moving a box from the table to the floor in order to obtain its contents); ATTEMPTED LARCENY

Question 28

PType of property