Theft Crimes Flashcards
(1) trespassory (2) taking and carrying away (3) of personal property of another (4) with intent to steel (permanently deprive)
Larceny
trespassory taking and carrying away of another’s personal property. Need not be damaged, destroyed– only taken away.
Actus Reus Larceny
specific intent offense. Actor must have specific intent to permanently deprive at time of trespassory taking.
Mens Rea Larceny
Trespassory – nonconsensual or in absence of justification.
Actus Reus Larceny
person who secures property deceitfully acts trespassorily.
Larceny by trick
use of fraud to obtain possession of property
Larceny by trick
use of fraud to obtain title.
false pretenses
is not concerned with ownership interests but possessory interests.
Larceny
wrongful taking of possession rather than mere custody of personal property.
Taking
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)
Possession
person has physical control of property but right to use it is substantially restricted by person in constructive possession of property.
Custody
Generally, person has ______ rather than possession of property if she has temporary and limited right to use property in possessor’s presence.
custody
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.
constructive possession
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.
Third Person (Larceny Custody v. Possession)
arises when owner, while retaining title, delivers personal property to another for particular purpose upon express or implied contract
Bailment
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.
Carrying away (asportation)
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.
personal property
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.
Larceny Mens Rea
in general, intent to steal must concur with taking of property
Concurrence requirement
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.
Continuing trespass doctrine.
Statutory offense created because of the limitations of common-law larceny.
Embezzlement
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.
Embezzlement
Line between offenses thin. Depends on state of mind of actor at time he takes possession of property.
Larceny v. Embezzlement
with false pretenses, victim transfers title, rather than possession to wrongdoer.
False Pretense
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)
False representation to obtain title
Cannot be statement of opinion.
Generally, misrepresentation as to future conduct does not = false pretenses
Existing Fact
Defendant uttered false representation knowingly & designedly with intent to defraud
Knew representation was false
Specific intent: Defendant made false statement with intent to defraud
False Pretense Mens Rea
With______ __ ______ & _____ ______ fraud is used to obtain property
larceny by trick & false pretenses
A __________ obtains property lawfully, thereafter converts
Embezzler
________ __ ____ involves securing possession; false pretenses involves securing title
larceny by trick
(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
Robbery Common Law
Elements
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
Robbery
Taking is accompanied by force if any force is used.
Robbery
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.
Robbery
breaking and entering
of the dwelling house of another
at nighttime
with the intent to commit a felony therein
Elements of burglary
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
burglary
permission to enter or entry through already open door does not satisfy ________ at common law, but opening a closed, unlocked door/window = ______
breaking
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.
burglary
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
burglary
At nighttime– rationale – crimes committed at dark potentially more dangerous
burglary
intent to commit felony must occur simultaneously with breaking & entering
what counts is actor’s mental state at moment of breaking and entering
burglary
