Theft Crimes: Larceny, Embezzlement, False Pretenses (ALL SPECIFIC INTENT CRIMES) Flashcards
Larceny Rule Statement
The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive
When is a taking trespassory for larceny?
When defendant takes possession of victim’s property without PRIOR content of the victim.
What is taking and carrying away for larceny?
Moving the property as an attempt to take possession. Slight movement is enough.
Will slight movement of property suffice for taking and carrying away for larceny?
Yes.
Can a person commit larceny over property he owns, if the victim has lawful possession?
Yes. Larceny is a crime against possession, not ownership. An owner can commit larceny over property he owns if the owner has given possession of it to the victim.
What is intent to permanently deprive for larceny?
A specific intent to keep the property.
When must the intent to permanently deprive exist for larceny?
At the time of the taking.
What if a defendant takes property of another and then abandons it?
Still commits a larceny, if the abandonment creates a substantial risk of loss.
What if a defendant takes property of another with the intent to return it?
Not larceny.
Define larceny by trick
The trespassory taking and carrying away of another’s property with the intent to permanently deprive, but with the victim’s apparent consent acquired through misrepresentation.
Embezzlement Rule Statement
The fraudulent conversion of the property of another by one in rightful possession.
What is fraudulent conversion for the purposes of embezzlement?
Dealing with the victim’s property in some manner inconsistent with the victim’s grant of possession of the property to the victim.
False Pretenses Rule Statement
The acquisition of title to another’s property by a false representation with the intent to defraud
(False Pretenses) What must the victim intent to pass to the defendant?
Title, not just possession. This crime occurs mostly when selling property to defendant.
(False Pretenses) What is a false misrepresentation?
Falsely inducing the transaction.
Robbery Rule Statement
A larceny (same elements) committed from the victim’s person or presence by force of threat of force of immediate bodily harm.
(Robbery) From where must a person take property?
The victim’s person or immediate vicinity.
(Robbery) Does a person’s wallet or purse qualify as “victim’s person”?
Yes.
(Robbery) What is considered “the presence of the person”?
The same room or house.
(Robbery) What does take by force mean?
The defendant must use force or the threat of force to accomplish the taking.
(Robbery) Will threats of future harm, or later bodily harm suffice for robbery?
NO NO NO NO NO
