theft crimes

Question 1

when does felony grand larceny apply?

Answer 1

goods worth $1000 or more

good worth $5 stolen directly off of you

Question 2

larceny

Answer 2

(1) trespassory taking

(2) asportation

(3) of tangible personal property

(4) intent to permanently deprive

Question 3

trespassory taking?

Answer 3

without consent or by stealth

Question 4

larceny by trick

Answer 4

consent obtained by fraud

Question 5

Is joyriding larceny?

Answer 5

no - no intent to steal. charge with unauthorized use

Question 6

May i be charged with larceny if I honestly believe I owned the good?

Answer 6

no - this negates mens rea

Question 7

embezzlement

Answer 7

(1) D entrusted with property

(2) D converts property

(3) intent to permanently deprive

Question 8

difference between embezzlement and larceny

Answer 8

For embezzlement, there is no trespassory taking. You legally obtain possession then convert the good.

Question 9

false pretenses

Answer 9

(1) false statement of existing fact

(2) intent to defraud

(3) causing V to give up possession and title

Question 10

you give bank teller $1000. Bank teller puts the money in their pocket.

Answer 10

embezzlement

Question 11

robbery

Answer 11

(1) taking of personal property

(2) from V or in V presence

(3) force or threat

(4) intent to steal

Question 12

common law burglary

Answer 12

(1) breaking and entering

(2) of a dwelling

(3) at night

(4) w/ intent to commit larceny or felony inside

Question 13

statutory burglary

Answer 13

much more relaxed

day or night

dwelling or commercial building

graded on severity of felony inside

Question 14

what level of intent are theft crimes?

Answer 14

specific intent?

Question 15

when is mistake of fact a defense to theft crimes?

Answer 15

if reasonable