theft crimes

Question 1

steps for theft crimes

Answer 1

• How the defendant obtained the property (trespass, delivery, or trick).
• Whether the defendant acquired custody, possession, or title to the property.
• Whether the defendant had the intent to permanently deprive (steal) the property at some time while still in unlawful possession of the property.

Question 2

larceny

Answer 2

unlawful taking of property in someone else’s possession with intent to steal.

Question 3

embezzlement

Answer 3

fradulent conversion OR misappropriation of property in your possession.

fradulent conversion; seriously interfere with rights of owner

Can infer intent to permanently deprive an example of serious interference

Question 4

False Pretenses

Answer 4

obtaining title to property owned by someone else through fraud.

Question 5

Larceny by Trick

Answer 5

obtaining possession, but not title, through fraud, with intent to steal.

Question 6

title

Answer 6

legal ownership, and implies possession.

Question 7

possession

Answer 7

full dominion and control over the property, but does not require title.

Question 8

custody

Answer 8

physical control of property in someone else’s possession without full dominion over the property – possessor places strict limits on permissible use of the property.

ex: dressing room

Question 9

extortion

Answer 9

Obtaining property of another by threat of future harm to the victim or their property
if present harm, probably robbery, not extortion

Question 10

Receiving Stolen Property

Answer 10

a) Receipt of stolen property, known to be stolen, with the intent to permanently deprive the owner
b) This is a common law misdemeanor

Question 11

Forgery

Answer 11

a) Fraudulently making a false writing with apparent legal significance with the intent to make wrongful
use of the document
b) Alteration must be material (e.g., change the meaning or effect of the document) to qualify (i.e., signing a
false signature on a will)

Question 12

recovering of own property likely cannot be

Answer 12

larceny because you lack the requisite intent

Question 13

receiving stolen property

Answer 13

The defendant Knowingly or should have known (constructive knowledge) received stolen property with the intent to permanently deprive owner of property.

Would a reasonable person think stolen or did the defendant behave in such a way that shows that d knew stolen.

Question 14

receiving stolen property

constructive facts

Answer 14

1. selling it for higher amount
2. what the seller says = i.e. i should not have this
3. lack of due diligence
4. low price, lack of info