Theft Crimes

Question 1

Larceny

Answer 1

Larceny is the (1) trespassory taking, (2) and carrying away, (3) of the personal property of another, (4) with the intent to permanently deprive the owner of the property. The intent to permanently deprive MUST exist at the time of the taking

Question 2

Larceny by Trick

Answer 2

Larceny by trick occurs when one obtains possession (not title) of the personal property of another by trick or deception.

Question 3

False Pretenses

Answer 3

False Pretenses occurs when one (1) obtains title, (2) to personal property of another, (3) through a known false statement of material fact, (4) with intent to defraud. An opinion or commercial puffery is generally NOT considered to be false pretenses.

Question 4

Embezzlement

Answer 4

Embezzlement is (1) the fraudulent or wrongful, (2) conversion, (3) of personal property of another, (4) by a person with lawful possession of the property. Intent to permanently deprive the lawful owner of the property is required.

Question 5

Receiving Stolen Property

Answer 5

Receiving Stolen Property is a crime when a person (1) receives possession of stolen property, (2) who knows the property is stolen at the time of receiving it, (3) with the intent to permanently deprive the owner of the property.

Under the modern view, knowledge that the property is stolen can be inferred from all surrounding circumstances. In some jurisdictions, proof of actual subjective knowledge is
required.

Question 6

Robbery

Answer 6

Robbery is the (1) trespassory taking and carrying away, (2) of the personal property of another person, (3) in their presence, (4) by the use of force or threat of immediate physical harm, (5) with the intent to permanently deprive the owner of the property.

Question 7

Armed Robbery

Answer 7

Armed robbery requires Robbery plus the use of a dangerous weapon (i.e. gun, knife).

Question 8

Burglary

Answer 8

Burglary is (1) the breaking and entering (entry without consent, through an unlocked door/window, or even partial entry is sufficient), (2) of a dwelling, (3) of another, (4) at night, (5) for the purpose of committing a felony inside. Most jurisdictions have extended burglary to include any structure at any time.

Question 9

Extortion

Answer 9

Extortion is (1) illegally obtaining property, (2) either by (a) force or (b) threats of violence, property damage, or exposing information.

Question 10

Theft Crimes: Continuing Trespass Doctrine

Answer 10

Under the continuing trespass doctrine, a trespass is continued until the intent to permanently deprive arises. This means one is still liable for larceny (for taking and carrying away the personal property of another) EVEN THOUGH the intent to permanently deprive the owner of the property did not arise until after the taking.