Theft Crimes

Question 1

What are the theft crimes?

Answer 1

1. False Pretenses
2. Embezzlement
3. Larceny by Taking
4. Larceny by Trick

Question 2

What does larceny require?

Answer 2

That you obtain possession unlawfully

Question 3

What does false pretenses require?

Answer 3

That you obtain title falsely

Question 4

What does embezzlement require?

Answer 4

That you convert (misuse) property entrusted to you

Question 5

Criteria for examing theft crimes:

Answer 5

1. How ∆ obtained the property
   
   • Trespass, delivery, or trick
2. Whether ∆ acquired:
   
   • custody, possession, or title to the property; and
3. Whether ∆ formed the intent to permanently deprive (steal) the property at some time while still in lawful possession of the property

Question 6

Necessary intent for theft crimes

Answer 6

Intent to permanently deprive (or steal)

If ∆ never forms the intent to permanently deprive before the property is restored to rightful possessor = ∆ cannot be guilty of any for of theft offense

Question 7

Form of Control

Answer 7

1. Title
2. Possession
3. Custody

Question 8

Title

Answer 8

Legal ownership, and implies possession

Question 9

Possession

Answer 9

Full dominion and control over the property, but does not require title

Question 10

Custody

Answer 10

Physical control of property in somone else’s possession without full dominion over the property

Possessor places strict limits on permissible use of the property