Theft Offenses - Theft Crimes

Question 0

Does D commit larceny if he had lawful custody of the property at the time of the taking?

Answer 0

No.

Question 1

Define Larceny.

Answer 1

Trespassory taking and carrying away the personal property of another with the intent to permanently retain the property.

(Thieves Took Carmen’s Purse and Isaac’s Portfolio)

Question 2

Does D commit larceny if he takes property he owns while someone else has lawful custody?

Answer 2

Yes.

Question 3

Does D commit larceny if he intends to return the property?

Answer 3

No.

Question 4

What is the Erroneous Takings Rule?

Answer 4

If you think the property is yours (even if you’re mistaken), it’s not larceny.

Question 5

What is the Continuous Trespass Rule?

Answer 5

If D doesn’t have the intent to steal at the time of the taking, but he later forms the intent to permanently retain the property - the intent is considered “continued” and he has committed larceny.

Question 6

Define Embezzlement.

Answer 6

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.

Note: you can do it to enrich someone else, doesn’t have to be yourself.

Question 7

How are possession and custody different?

Answer 7

For embezzlement, possession means you have some authority to exercise some discretion over the property.

Question 8

Define False Pretenses

Answer 8

Obtaining title to the personal property of another by an intentional false statement (a lie!), with the intent to defraud.

False statement has to be a present or past - cannot be a future promise.

Question 9

Define Larceny by Trick

Answer 9

D obtains custody (but not title) as a result of a false statement.

Question 10

Define Robbery.

Answer 10

A larceny from another person’s person or presence by force or threat of immediate injury (with the specific intent to steal).

Question 11

Is pickpocketing robbery?

Answer 11

No! Robbery requires force sufficient to overcome resistance, and pickpocketing is necessarily stealthy.

Question 12

What if the threats during a theft in the presence of a person are not immediate?

Answer 12

Then you have blackmail or extortion.

Question 13

Define Forgery.

Answer 13

The making or altering of a writing so that it is false, with the intent to defraud.

(the writing itself is the crime - don’t have to end up using it)

Question 14

How is larceny defined in NY?

Answer 14

Anything that falls into common law larceny, embezzlement, false pretenses, or larceny by trick.

Question 15

What are the degrees of larceny in NY?

Answer 15

The property is worth...
1st: more than $1 million
2nd: more than $50,000
3rd: more than $3,000
4th: more than $1,000
Petit: less than $1,000

Question 16

What is Third Degree Robbery in NY? What ratchets it up/down?

Answer 16

Forcible Stealing
2nd: + D aided by someone actually present, victim injured, or a car stolen.
1st: + victim is seriously injured, D uses or displays a firearm
(affirmative defense reducing to 2nd: D shows gun was unloaded or inoperable)

Question 17

What happens if a victim is accidentally killed during a robbery in NY?

Answer 17

Second Degree Felony Murder

Question 18

What happens if a victim is intentionally killed during a robbery?

Answer 18

First Degree Felony Murder