Theft offenses/crimes

Question 1

Theft/larceny

Answer 1

• Trespassory taking
• From the possession of another
• With intent to deprive permanently”

Question 2

embezzlement

Answer 2

• something entrusted to an employee by their employer and then the intent to permanently deprive the employer from it
• Almost always an entrustment of property by employees

Question 3

Fraud

Answer 3

Fraud – the taking of property by

1) Intent to defraud
2) A material misrepresentation on a material fact
3) Victim’s reliance in parting with property (states view)

Question 4

Mail fraud

Answer 4

1) There is a scheme or artifice to a fraud

2) You use the mail

Question 5

Wire fraud (computer or phone)

Answer 5

1) Scheme or artifice to defraud

2) Use of a computer or phone

Question 6

honest service fraud

Answer 6

1) A scheme or artifice to defraud, a scheme to deprive another of the honest services. (bribery and kickbacks).

Question 7

extortion

Answer 7

Extortion = obtaining property of another by threat.

o Could include doing something you have a legal right to do or legal right to withhold.
o $100 or I’m saying this is rape.

Question 8

extortion- spite blackmail

Answer 8

give me money or i’ll do x

Question 9

extortion- opportunistic blackmail

Answer 9

give me money or I won’t do X

Question 10

Robbery elements

Answer 10

Robbery:

1) Taking property of another.
2) From the victim’s persons or in the victim’s presence
3) By violence, intimidation, or threat
4) Intending to deprive a victim permanently

o If the person is not made to surrender the possession of personal property by means of fear or force, the dominant element of robbery is not present.

Question 11

MPC: Robbery elements

Answer 11

MPC 222.1 – Robbery
(1) A person is guilty of robbery if, in the course of committing a theft, he:
(a) Inflicts serious bodily injury upon another; or
(b) Threatens another with or purposely put him in fear of immediate serious bodily injury; or
(c) Commits or threatens immediately to commit and felony of the first or second degree
An act shall be deemed “in the course of committing a theft” if it occurs in an attempt to commit theft or in flight after the attempt or commission.

Question 12

Burglary elements (CL MAJ).

Answer 12

Burglary: at common law was a breaking and entering of a dwelling house at night, with the intent to commit a felony therein. Now (national majority rule):

1) Nonconsensual entry of a building or car
2) With the intent to commit a felony within that place.

Burglary generally does not merge.

Question 13

MPC: Burglary

Answer 13

MPC 221.1 - Burglary

(1) A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.
(2) …don’t worry about grading
(3) Multiple Convictions (merger). A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additionally offense constitutes a felony of the first or second degree.