Theft Crimes Flashcards
Elements of Larceny
- Wrongful taking and
- Carrying away
- Personal property of another
- With the intent to permanently deprive the owner of the property
Elements of Larceny by Continuing Trespass
Same elements as Larceny. Only difference is that the intent to permanently deprive is developed later on.
Elements of Larceny by Trick
Same elements as Larceny. Rule emerged to capture cases where “taking” occurs by deceit.
When possession, but not ownership or title is taken;
Victim only intends to convey possession.
The trick or deceit must be the reason the victim transferred possession (victim believes the lie)
Elements of Embezzlement
- Intentional conversion
- Of the property of another
- By someone who is already in lawful possession of it (or by someone who has been entrusted)
False Pretenses
- False statement of facts that
- Causes the victim
- To pass title to defendant, and
- Defendant must know statement was false, and
- Defendant must have intended to defraud the victim
(Statement of facts must be in past or present tense, not future)
(money counts as title)
Elements of Robbery (Common Law)
- Felonious taking and
- Carrying away
- Of personal property of another
- By threat or force of threat
- Taken from victim’s person or in immediate presence of victim
The taking and violent act required concurrence
CA Law Robbery
- Felonious taking and
- Carrying away
- Of personal property of another
- By threat or force of threat
- Taken from victim’s person or in immediate presence of victim
- Concurrence goes from the time of taking up until robber gets to a place of relative safety
- Robbery is a continuous act
- Estes case represents the CA Law
Burglary (Common Law)
- Breaking (intruding within a building, no matter how slight)
- And entering (cannot have consent to enter)
- Of the dwelling of another
- At night
- With the intent to commit a felony therein (had to enter with the intent to commit crime inside)
Burglary (Modern Changes)
- Breaking (half of the states)
- And entering
- Of the building/structure of another
- With the intent to commit a felony therein
Majority rule: entry only satisfied without consent
Minority rule: entry satisfied even if the person has right/license to enter with intent to commit a crime
Burglary (CA Law)
- Entering
- Any structure or any room within a structure
- With the intent to commit a felony or theft crime therein
Entering satisfied when entering a commercial building with intent to commit a felony or a theft. (shoplifting statute (only for commercial establishment, not a home): theft > $950)
Entry element may be satisfied if enter with intent to commit theft/felony even if invited/allowed to enter
(Any part of body counts)
Entry by Instrumentality
When an instrument other than a part of a defendant’s body enters for purpose of committing target crime
“innocent instrument” can be an unaware party
