Theft crimes Flashcards
Common law larceny
1) a taking
2) carrying away
3) of tangible personal property of another
4) by trespass (without consent/from the possession of the owner)
5) with the intent to permanently deprive the owner of his interest in the property
The taking (caption)
D must actually obtain control of the property (movement or destruction is not sufficient) (caption element). It is sufficient if D obtained control by an act of an innocent agent
And carrying away (asportation)
- all parts or portions of the property must be moved (need only be slight) must be part of the carrying away process
Of tangible personal property of another
Personal property capable of being possessed and of some value
- not realty or services or intangibles
Of another
An owner can be guilty of larceny if he wrongfully takes possession of property he owns from someone with lawful right to possession
Trespassory taking from possession of owner
Non-consensual
trespassory taking from possession of owner: custody vs. possession
- property must be taken from someone who has a possessory interest superior to that of the defendant
Custody vs. possession
- employees generally have custody of employer’s property, they have possession if the employer gives them especially broad powers over it or if the property is given directly to them by third person without the employer having intermediate possession
Bailee and breaking bulk – custody or possession
- Bailee has possession
- if bailee breaks bulk/opens closed containers in which the property has been placed by the bailor, then possession is regarded by use of a fiction as returning to the bailor
- if bailee misappropriates property after breaking bulk, the bailee takes it from the possession of the bailor and is guilty of larceny
A person has mere custody if:
1) has temporary and extremely limited authorization to use the property
2) received the property from his employer for use in the employment relation
3) is a bailee of goods enclosed in a container
4) obtained the property by fraud
Intent to permanently deprive
Sufficient intent: intent to create substantial risk of loss
- intent to sell them back to the owner
Insufficient intent: intent to borrow
- intent to obtain repayment of debt
Possibly sufficient: intent to pay for property
- intent to return it and claim reward
Claim of right: mistake of fact
A person is not guilty of larceny if he takes property belonging to another person based on a good faith belief that he has a right to possess the property
When property is misdelivered
- if one realizes the mistake at the moment he takes the property, and immediately decides to steal the property, he’s liable for larceny
- if one doesn’t initially realize the mistake and lacks intent to steak, or realizes the mistake but intends to return the property, although he later decides to keep it, he won’t be liable for larceny
Finder of lost property
Only guilty of larceny if he:
1) intends to steal it,
and
2) has reason to believe he can learn the owner’s identity (drivers license in wallet, knowing someone has recently lost similar property in the vicinity)
MPC larceny
1) person unlawfully takes or
2) exercises control over
3) movable property of another
4) with purpose to deprive
Embezzlement
lawful possession but unlawful conversion
Common Law embezzlement vs. larceny
Embezzlement :
- no trespassers taking from another, but a wrongful conversion of entrusted property
1) entrustment/lawful possession
2) conversion
3) fraud
Common law embezzlement
1) fraudulent (intent to defraud)
2) conversion
3) of property
4) of another
5) by a person in lawful possession of that property
Custody vs. possession
- Possession: actual or constructive control over property with intent to possess it
- Custody: physical control over an item usually for a short period of time for a limited purpose
- Larceny requires only custody
- Embezzlement requires lawful possession
Distinguished from larceny
Larceny: D obtains wrongful possession of property and uses property for personal use
Embezzlement: D has lawful possession of the property, takes property
Conversion
- requires that D deal with the property in a manner inconsistent with trust arrangement pursuant to which he hold ir
- no movement or carrying away of the property is required
- the conversion need not result in direct personal gain to the D
Intent to restore
If D intended to restore exact property taken, it is not embezzlement. But if he intended to restore similarly or substantially identical property, it is embezzlement, even if it was money that was initially taken and other money - of identical value - that he intended to return
MPC embezzlement (theft by unlawful taking)
- a person is guilty of theft if he
- exercises lawful control (possession) over
- movable or immovable property
- of another
- with purpose to deprive him thereof
