Theft

Question 1

Larceny

Answer 1

is a trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the possessor of the property.

Question 2

Embezzlement

Answer 2

is when the D obtains possession of the personal property of another in a lawful manner, but then fraudulently converts the property for his own use (D intends to deprive another of the property permanently).

Question 3

Theft by False Pretenses

Answer 3

is the intent to defraud the owner of the property by false representation AND that the owner relies, at least in part, on false representation and is defrauded. (D obtains possession AND title).

Question 4

Possession

Answer 4

Legal construct that occurs when an individual has sufficient control over property to be able to use it in a reasonably unrestricted manner

Question 5

Examples of lawful possession

Answer 5

EX: Usually owners, valets, anyone doing repairs, delivery drivers, dog boarders
It cannot be larceny if you have lawful possession

Question 6

Custody

Answer 6

Having physical control over property but with substantial restrictions on its use

Question 7

Examples of lawful custody

Answer 7

EX: Customer in a store examining goods, dinner guest with host’s silverware, employee using employer property
A person w/ custody may commit larceny is AR and MR elements are met

Question 8

Larceny by Trick

Answer 8

When D obtains consent to possession by fraud or deceit
Consent is invalid b/c of the fraud
Owner only intends to transfer POSSESSION, not title

EX: You rent a rental car to sell it

Question 9

Breaking Bulk Doctrine

Answer 9

Bailee has possession of the bale but not the contents

Ex: Brinx truck bailee opening the bag and removing money = larceny