Theft And Property Offenses Flashcards
At common law, larceny is:
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2.
3.
4.
5.
- A trespassory taking and
- Carrying away of
- Personal Property
- Of another person
- With intent to permanently deprive
**Several other property offenses build off of larceny
Larceny is divided into degrees based on the
Value of the property
Larceny is divided into degrees based on the value of the property. The more valuable the property,
The more serious the punishment.
The single larceny doctrine looks to the
Circumstances of the offense to determine whether one larceny or multiple offenses have been committed.
The single larceny doctrine looks to the circumstances of the offense to determine wheter one larceny or multiple offenses have been committed. Circumstances to consider include:
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- The location of the items stolen
- The lapse of time between their taking
- The general and specific intent of the thief
- The number of owners
- Were there any intervening events between the takings.
Generally, items taken from the same room constitute a
Single larceny
The act of larceny is:
Taking and aspiration of property from possession of another without consent
The intent of larceny is
Intent to permanently deprive the owner of the property
Does title pass in larceny?
Title DOES NOT pass
Larceny
Act:
Intent:
Title:
Act: Taking and asportation of property from possession of another without consent
Intent: Intent to permanently deprive the owner of the property
Title: Title does not pass
Larceny by Trick Act:
Taking and asportiaton of property from possession of another with consent obtained by fraud
Larceny by Trick Intent:
Intent to permanently deprive the owner of the property
Larceny by Trick Title:
Title does not pass
Larceny by Trick:
Act:
Intent:
Title:
Act: Taking and asportation of property from possession of another with consent obtained by fraud
Intent: Intent to permanently deprive the owner of the property
Title: Title does not pass
Embezzlement
Act:
Act: Conversion of property held via a trust agreement to one’s own personal use