Theft & Property Offenses

Question 1

Larceny

Answer 1

Common law, the title does not pass

Question 2

Elements of larceny

Answer 2

a) trespassory taking: taking the property without consent
b) asportation (carrying away of): property has to be severed from the possession or custody of the owner and in possession of the thief
It only has to be momentarily and does not have to be removed from the store; only needs to be detached from the store shelves or other locations and moved slightly with the intent to deprive the owner permanently
c) personal property: tangible items
d) of another person
e) requires specific intent to deprive the owner of its property permanently
Destruction, use, selling, throwing it out, giving it away
A thief cannot later change their mind or return the items to the owner to get out of the crime, BUT if someone steals with the intent to return the items with no condition ($) it is not theft

Question 3

Larceny by trick

Answer 3

a) trespassory taking
b) asportation of property from the possession of another with consent obtained by fraud
c) title does not pass
d) intent to permanently deprive the owner of the property

Question 4

Embezzlement

Answer 4

a) conversion of property
b) held via a trust agreement to one’s own personal use
c) title does not pass
d) intent to defraud the owner

Question 5

False pretenses

Answer 5

Exceeding more than $100 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association
a) obtaining title to property
b) by consent induced by fraudulent misrepresentation
c) the title does pass
d) intent to defraud the owner

Question 6

Robbery

Answer 6

Theft by force or threats of immediate death or physical injury

Question 7

Dangerous weapon

Answer 7

Items that are capable of causing serious bodily injury or death, items that are used or displayed in a way such that they reasonably appear capable of causing serious bodily injury; ex: an unloaded gun, an ice pick, a hammer

Question 8

Burglary

Answer 8

The breaking and entering of a dwelling of another in the nighttime with the intent to commit a felony, Intent has to be established before entering the building, Modern policy is the nighttime element has been removed and expanded to include more than just dwellings

Question 9

Assault

Answer 9

An attempted battery that did not require physical contact
a) intentionally, knowingly, or recklessly causes bodily injury to another OR
b) intentionally or knowingly causes someone to fear imminent bodily injury OR
c) intentionally or knowingly causes physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative

Question 10

Aggravated assault

Answer 10

a) intentionally, knowingly, or recklessly caused serious bodily injury OR
b) used or displayed a deadly weapon

Question 11

Especially aggravated robbery

Answer 11

a) the defendant intentionally or knowingly
b) obtained or exercised control over the property
c) without the owner’s consent
d) with intent to deprive the owner of the property
e) by use of violence or by putting the person in fear
f) accomplished with a deadly weapon AND
g) where the victim suffers serious bodily injury

Question 12

Continuous offense theory

Answer 12

Robbery extends to situations in which force is used after the taking, such as to retain property