Theft and Property Offenses

Question 1

What is larceny?

Answer 1

Larceny is the taking and asportation of property from possession of another without consent

Question 2

What are the two requirements of larceny?

Answer 2

Asportation and taking

Question 3

What is required by asportation?

Answer 3

Asportation requires that the property be severed from the possession or custody of the owner and in possession of the thief. Even the slightest change in position can satisy asportation.

Question 4

What does the thief’s possession need to look like?

Answer 4

The thief’s possession need only be momentary and the thief does not have to remove the property from the place or premise where it was kept. They only need to detach it from the shelves or other location and move it slightly with the intent to deprive the owner permanently.

Question 5

What intent does larceny require?

Answer 5

Larceny requires the specific intent to permanently deprice the owner of its propery. The thief does not have to intend to use or keep the property. If the thief has the requisite mental state, then the theft is completed once they have captured and asportated the propery. At that point, it does not matter that the property is subsequently returned or the thief changes their mind.

Question 6

What if a person takes something temporarily?

Answer 6

If a person takes property with the intent to temporarily use or conceal it, but intends to return it when they take it, that is not a theft because it lacks the intent to permanently deprive the owner of the property.

Question 7

What if the return of the property has a condition?

Answer 7

If the return of the property has a condition (e.g. money) then it is still a theft.

Question 8

What is the common law definition of larceny?

Answer 8

1. A trespassory taking and
2. Carrying away of
3. Personal property
4. Of another person
5. With the intent to permanently deprive

Question 9

What other property offenses build off of larceny? (3)

Answer 9

1. Larceny by trick
2. Embezzlement
3. False pretenses

Question 10

Does title pass with larceny?

Answer 10

No

Question 11

What is the act in larceny by trick?

Answer 11

Taking and asportation of property from possession of another with consent obtained by fraud

Question 12

What is the intent in larceny by trick?

Answer 12

Intent to permanently deprive the owner of the property

Question 13

Does title pass with larceny by trick?

Answer 13

No

Question 14

What is the act in embezzlement?

Answer 14

Conversion of property held via a trust agreement to one’s own personal use

Question 15

What is the intent for embezzlement?

Answer 15

Intent to defraud the owner

Question 16

Does title pass with embezzlement?

Answer 16

No

Question 17

What is the act in false pretenses?

Answer 17

Obtaining title to property by consent induced by fraudulent misrepresentation

Question 18

Does title pass in false pretenses?

Answer 18

Yes

Question 19

What is the modern approach to larceny?

Answer 19

The modern approach includes larceny and all the other property offenses in one statute with punishment varying in degrees based on the value of the property. Value is an attendant circumstance. The state must prove, beyond a reasonable doubt, the value of the property.

Question 20

What is the single larceny doctrine?

Answer 20

The single larceny doctrine looks to the circumstances of the offene to determine whether one larceny or multiple offenses have been committed. Generally, items taken from the same room constitutes a single larceny.

Question 21

What are the circumstances to consider when determining if there has been one or multiple larcenies? (5)

Answer 21

1. The location of the items stolen
2. The lapse of time between their taking
3. The general and specific intent of the thief
4. The number of owners
5. Were there any intervening events between the takings

Question 22

What is the continuing trespass doctrine?

Answer 22

The continuing trespass doctrine is the idea that when someone unlawfully takes something from someone, they are trespassing on that property, and it is a continuing trespass while the thief has it. If the intent changes to permanently deprive, the state can now prove all of the elements of larceny.

Question 23

What if an item is stolen from a thief?

Answer 23

If an item is stolen from a thief, it is still larceny. Central to the issue is possession. Someone can own something without having clear title to it.

Question 24

What happens when someone recevies stolen property?

Answer 24

When unkowingly receiving stolen property, the defendant lacks the intent required to commit larceny of the original item. Knowingly receiving it has the intent and is larceny.

Question 25

What is robbery?

Answer 25

A robbery is a theft accomplished by force or threats of immediate death or physical injury

Question 26

What is an armed robbery?

Answer 26

An armed robbery requires that the defendant be armed with a dangerous weapon

Question 27

What constitutes a dangerous weapon?

Answer 27

Dangerous weapon includes items that are by their nature capable of causing serious bodily injury or death. Dangerous weapon also includes items that are used or displayed in a way suchthat they reasonably appear capable of causing serious bodily injury.

Question 28

Is a defendant stating he has a weapon enough for armed robbery?

Answer 28

No. A mere statement that a person has a weapon is not sufficient to establish that the robbery was accomplished with a deadly weapon.

Question 29

What is the difference between common law robbery and armed robbery?

Answer 29

The use of a dangerous weapon

Question 30

What is the difference between common law robbery and larceny?

Answer 30

Common law robbery has the additional requirement that the victim be put in fear by the perpetrator

Question 31

What determines whether something is a theft or robbery?

Answer 31

Whether a taking is a theft or robbery is contingent upon whether and when violence or fear is imposed. To make that determination, courts focus on the temporal proximity of the use of violence or fear to the taking and not the location of the use of violence or fear.

Question 32

What is the continuous offense theory?

Answer 32

A minority of jurisdictions use the continuous offense theory where robbery is defined to extend to situations in which force is used after the taking, such as to retain property or facilitate escape.

Question 33

What is the common law defintion of burglary?

Answer 33

1. The breaking and entering of
2. A dwelling of another
3. In the nighttime
4. With intent to commit a felony

Question 34

What is the modern trend for burglary?

Answer 34

The modern trend has removed the nighttime element and has expanded to more buildings than just dwellings. But burglary of a dwelling has a more serious punishment.

Question 35

When is entry satisfied during a burglary?

Answer 35

Entry is accomplished by the intrusion into the building of any party of the body, an arm, a hand, a finger, or a foot, or an instrument inserted and utilized as a means of effectuating or attempting to effectuate a theft. Entry includes merely moving to a material degree a closed window or door.

Question 36

Does a burglary require completion of the intended felony?

Answer 36

No. The burglary is committed as soon as the defendant enters with the intent to commit the felony. Commission of the felony is not required.

Question 37

Is it a burglary if someone does not intend to commit the felony?

Answer 37

No. If someone enters a home without intent to commit a felony but then happens to commit one once inside, it is not a burglary because there was not a concurrence of the elements.