Theft crimes

Question 1

What are the common law elements for larceny?

Answer 1

1) a trespassory taking
2) and carrying away
3) of tangible personal property
4) of another
5) with intent to permanently deprive or steal (specific intent)

Question 2

What is the definition of larceny?

Answer 2

The unlawful taking of property in someone else’s possession with intent to steal

Question 3

What is the definition of embezzlement?

Answer 3

The unlawful conversion of property already in D’s possession with intent to steal

Question 4

What are the elements of embezzlement?

Answer 4

1) unlawful conversion
2) of tangible personal property of another
3) by one who is already in lawful possession

Question 5

What is theft by false pretenses?

Answer 5

obtaining title to property owned by someone else through fraud

Question 6

What are the elements of theft by false pretenses?

Answer 6

1) false representation of present or past material fact by D
2) which causes victim to pass title to his property (victim must rely)
3) to Defendant
4) D knows its false
5) and intends thereby to defraud

Question 7

What is larceny by trick?

Answer 7

obtaining possession (not title) through fraud, with intent to steal

Question 8

What are the elements of extortion?

Answer 8

1) obtaining property of another

2) by threat of future harm to victim or his property

Question 9

Receiving stolen property

Answer 9

receipt of stolen property, known to be stolen with the intent to permanently deprive owner (common law misdemeanor)

Question 10

What is forgery?

Answer 10

fraudulently making a false writing with apparent legal significance with the intent to make wrongful use of the document.