Theft Crimes

Question 1

At Common Law what property was subject to theft crimes?

Answer 1

only tangible personal property was subject to theft. Not apply to real property or theft of services

Question 2

Larceny

Answer 2

CL: is a trespassory taking of property from the possession of the owner, without consent of the owner

Elements:
i. The wrongful taking and carrying away

ii. Of personal property
iii. In the possession of another person
iv. With the intent to covert it or to deprive its possessor of the property
v. Permanently

Asportation: property had to be carried away

i. Little Required: little actual movement required, even inches
ii. Today: question is generally only whether dominion and control over property

Mens Rea: specific intent to convert or permanently deprive owner of property/ “intent to steal”

i. Permanent: includes unreasonably long period of time
ii. not larceny if reasonable intent to return property later or reasonable belief in claim to it

Question 3

Larceny by Trick

Answer 3

gaining possession of property from owner by fraud or false pretenses

Mens Rea: intent to act fraudulently when property was taken

Question 4

Embezzlement

Answer 4

Not a CL crime. Even statutory at its inception.

a. In the mater/ servant arena- entrusted with lawful possession of the property prior to conversion (mere access to the property insufficient)
b. Fraudulently converting property of another person while in lawful possession of it

Elements:
1. Fraudulent

2. Conversion
3. Of the property
4. Of another
5. By a person who is in lawful possession of the property.

Mens Rea: specific intent; not a crime if taker mistakenly believed owned it

Question 5

Difference Between Larceny and Embezzlement

Answer 5

embezzlement when possessed property lawfully but converted fraudulently

Larceny when wrongfully took property in possession of another

Question 6

False Pretenses

Answer 6

Not a common law crime. Even statutory at begging.

a.Knowingly misrepresenting material facts to and with the result of defrauding another person into transferring title to his or her property

Mens Rea: knowledge that representations were false, (intend to defraud)

ii. Limited Misrepresentations: does not include failure to disclose information or misrepresentations or exaggerations as to value of property

Question 7

Difference Between False Pretenses and Larceny by Trick

Answer 7

false pretenses to fraudulently obtain title

Trick: to fraudulently obtain mere possession. Owner does not relinquish title.

iv. Today: false pretenses and larceny by trick combined into theft by deception

Question 8

Consolidation of Theft Offenses

Answer 8

majority consolidate separate theft crimes into one inclusive theft crime

a. Variances in Evidence at trial ok: theft established if prosecution for one included type of theft, but proof establishes different included type of theft.

Grading: punishment for different types of theft still different

Question 9

Receiving Stolen Property

Answer 9

gaining control over property believing it was obtained criminally, intending to permanently deprive owner interest in it.

a. at CL, only could be charged with accessory after the fact for (specific ) theft crime
b. Later was separate statutory crime

Elements:
1. Knowing that the property is stolen and

2. Possession

Question 10

Presumption with Receiving Stolen Property

Answer 10

1. the requisite knowledge or belief is presumed in the case of a dealer who:
2. is found in possession or control of property stolen from two or more persons on separate occasions; or
3. has received stolen property in another transaction within the year preceding the transaction charged; or
4. being a dealer in property of the sort received, acquires for it a consideration which he knows is far below its reasonable value.

Dealer means a person in the business of buying or selling goods including a pawnbroker.

Question 11

Robbery

Answer 11

theft with use or threat of violence or force.

Common Law: larceny with taking from or in presence of person accomplished by violence or threat of violence

Today: theft where serious bodily injury inflicted or threatened, victim put in fear of such injury, or serious felony threatened.

Question 12

Burglary

Answer 12

Elements:
i. Breaking

ii. Entering
iii. Of a dwelling house
iv. At night
v. With the intent to commit a felony therein

Today: entering a building or occupied structure intending to commit a crime inside.

i. Time of day: irrelevant
ii. License or Privilege: not burglary where person licensed or privileged to enter premises.