Theft Crimes

Question 1

(1) trespassory (2) taking and carrying away (3) of personal property of another (4) with intent to steel (permanently deprive)

Answer 1

Larceny

Question 2

trespassory taking and carrying away of another’s personal property. Need not be damaged, destroyed– only taken away.

Answer 2

Actus Reus Larceny

Question 3

specific intent offense. Actor must have specific intent to permanently deprive at time of trespassory taking.

Answer 3

Mens Rea Larceny

Question 4

Trespassory – nonconsensual or in absence of justification.

Answer 4

Actus Reus Larceny

Question 5

person who secures property deceitfully acts trespassorily.

Answer 5

Larceny by trick

Question 6

use of fraud to obtain possession of property

Answer 6

Larceny by trick

Question 7

use of fraud to obtain title.

Answer 7

false pretenses

Question 8

is not concerned with ownership interests but possessory interests.

Answer 8

Larceny

Question 9

wrongful taking of possession rather than mere custody of personal property.

Answer 9

Taking

Question 10

person has sufficient control to use property in reasonably unrestricted manner. Possession may be actual (physical control) or constructive (person does not have physical control over property but no one else has actual possession of it)

Answer 10

Possession

Question 11

person has physical control of property but right to use it is substantially restricted by person in constructive possession of property.

Answer 11

Custody

Question 12

Generally, person has ______ rather than possession of property if she has temporary and limited right to use property in possessor’s presence.

Answer 12

custody

Question 13

Employer to employee – when employer furnishes personal property to employee for use in employment, common-law rule is that employer retains _________ ________ of property. Employee has mere custody.

Answer 13

constructive possession

Question 14

Premise that employee has limited control over property because of employment does not apply when employee receives property from person who has no special authority over employee but wants property delivered to employee’s boss.
Employee who obtains property from third person for delivery to Employer takes lawful possession upon delivery. Employee cannot be convicted of larceny of property if carries it away. This is where embezzlement fills in the gaps.
Bailments: breaking bulk doctrine – when bailee is entrusted by bailor with container for delivery to another, bailee receives possession of container, mere custody of contents. If bailee wrongfully opens container and removes contents (breaks bulk) he takes possession of contents at that moment. Becomes larceny.

Answer 14

Third Person (Larceny Custody v. Possession)

Question 15

arises when owner, while retaining title, delivers personal property to another for particular purpose upon express or implied contract

Answer 15

Bailment

Question 16

person not guilty of larceny unless he carries away property. Virtually all movement of property away from place where possession was taken = carrying away. Must be carrying away movement. If no carrying away movement, attempted larceny.

Answer 16

Carrying away (asportation)

Question 17

Common-law larceny only applied to ______ _______, not realty or intangible property.

Of another = the person who has possession of the property. Ownership is not key.

Answer 17

personal property

Question 18

Person not guilty of larceny when he wrongfully takes and carries away another’s property unless he possesses specific intent to steal or permanently deprive.

Answer 18

Larceny Mens Rea

Question 19

in general, intent to steal must concur with taking of property

Answer 19

Concurrence requirement

Question 20

This legal fiction provides that when person trespassorily takes possession of property, she commits a new trespass every moment she retains wrongful possession of it. Even if wrongdoer does not have intent to steal property when she originally trespassorily takes possession, the concurrence requirement is met if she later decides to steal property.

Answer 20

Continuing trespass doctrine.

Question 21

Statutory offense created because of the limitations of common-law larceny.

Answer 21

Embezzlement

Question 22

Generally, offense requires proof of:
Manner of obtaining possession – embezzlement occurs when defendant takes possession of another’s personal property in lawful, non-trespassory manner.
Conversion – after securing lawful possession of property, defendant converts property to his own use. (I.e. uses property in way that manifests intention to permanently deprive).
Entrustment – defendant must have obtained possession as a result of entrustment by another.

Answer 22

Embezzlement

Question 23

Line between offenses thin. Depends on state of mind of actor at time he takes possession of property.

Answer 23

Larceny v. Embezzlement

Question 24

with false pretenses, victim transfers title, rather than possession to wrongdoer.

Answer 24

False Pretense

Question 25

May be written, oral, in form of misleading conduct
Must be false, if turns out to be true, attempted false pretenses
Usually, nondisclosure of material fact does not = false pretenses unless duty to disclose (fiduciary)

Answer 25

False representation to obtain title

Question 26

Cannot be statement of opinion.

Generally, misrepresentation as to future conduct does not = false pretenses

Answer 26

Existing Fact

Question 27

Defendant uttered false representation knowingly & designedly with intent to defraud
Knew representation was false
Specific intent: Defendant made false statement with intent to defraud

Answer 27

False Pretense Mens Rea

Question 28

With______ __ ______ & _____ ______ fraud is used to obtain property

Answer 28

larceny by trick & false pretenses

Question 29

A __________ obtains property lawfully, thereafter converts

Answer 29

Embezzler

Question 30

________ __ ____ involves securing possession; false pretenses involves securing title

Answer 30

larceny by trick

Question 31

(1) trespassory
(2) taking and carrying away
(3) of the personal property of another
(4) with the intent to permanently deprive the other of the property (intent to steal)
(5) from the other’s person or presence
(6) by force or fear

Answer 31

Robbery Common Law

Elements

Question 32

Property is within victim’s presence if it is close to victim and within victim’s control such that victim could have prevented the taking had it not been for defendant’s use of violence or threats

Answer 32

Robbery

Question 33

Taking is accompanied by force if any force is used.

Answer 33

Robbery

Question 34

Intimidation – even where actual force not used, taking of property = robbery if accomplished by means of intimidation (threats)
victim’s fear must be reasonable and actual. Implied threat is enough.
Target of threat need not be the victim; could be family member, another person in presence
Threat must be of imminent injury.

Answer 34

Robbery

Question 35

breaking and entering
of the dwelling house of another
at nighttime
with the intent to commit a felony therein

Answer 35

Elements of burglary

Question 36

Although generally treated as a completed crime, _______ actually is inchoate because it doesn’t actually require commission of felony once inside house, just intent to do so

Answer 36

burglary

Question 37

permission to enter or entry through already open door does not satisfy ________ at common law, but opening a closed, unlocked door/window = ______

Answer 37

breaking

Question 38

breaking was not literal; nothing actually needed to be broken
entering occurs when any part of defendant’s body enters house. Whole body need not enter.

Answer 38

burglary

Question 39

is “of another” if someone other than perpetrator lawfully occupies premises. Ownership of dwelling is not controlling.
had to be home (personal residence) at common law

Answer 39

burglary

Question 40

At nighttime– rationale – crimes committed at dark potentially more dangerous

Answer 40

burglary

Question 41

intent to commit felony must occur simultaneously with breaking & entering
what counts is actor’s mental state at moment of breaking and entering

Answer 41

burglary