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Criminal Law > Crimes Against Property > Flashcards

Crimes Against Property Flashcards

1
Q

Theft Crimes

A

Crimes that involve some taking of property from the V by the D.

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2
Q

Crucial Factors to Distinguishing Theft Crimes Amongst Themselves

A
  • The nature of the taking

- Whether the D acquired custody, possession, or title to the property.

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3
Q

Nature of the Taking: Trespass, Force, or Threat

A

Crimes include larceny, robbery, and blackmail

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4
Q

Nature of the Taking: Fraud, Deception, or Misrepresentation

A

Crimes include larceny by trick, false pretenses, and embezzlement.

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5
Q

Custody

A

When the property has been left with them, but they have no rights over the property.

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6
Q

Possession

A

When D has custody of property and authority to exercise discretion or has limited rights to property.

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7
Q

Title

A

Person is the legal owner of the property.

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8
Q

Larceny

A

When one unlawfully takes and carries away property possessed by another + intent to permanently deprive that person of possession.

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9
Q

Types of Property Protected By Larceny

A

Include PP, services, and intangible property.

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10
Q

Larceny: Actus Reus

A

Unlawful taking and carrying away of property possessed by another.

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11
Q

Larceny: Carrying Away

A

Any movement, even the slightest movement, of another’s property will satisfy the “carrying away” element of larceny.

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12
Q

Larceny: Property Possessed by Another

A

It is enough for larcency to establish that the V had the right to possess or have custody of the property (ownership is not required).

-In fact, the perpetrator of a larceny can be the lawful owner of property if the V had lawful possession.

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13
Q

Larceny: Lost or Mislaid Property

A

Lost or mislaid property can be the subject of larceny if the finder:

  • Intends to permanently deprive owner and
  • Knows who the owner is or has reason to believe that they can find out the owner’s identity.
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14
Q

Larceny: Abandoned Property

A

Abandoned property cannot be subject to larceny (owner has relinquished rights in the property).

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15
Q

Larceny: Mens Rea

A

Larceny requires the intent to permanently deprive concurrent with the taking.

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16
Q

Larceny: Doctrine of Continuing Process

A

An individual who wrongfully takes another’s property intending to return it to its owner may be guilty of larceny if they change their mind. Trespassory taking continues until the intent to permanently deprive is formed (therefore, there is concurrence).

-Continuing process also applies where the D intends, when taking the property to use it temporarily and then abandons the property.

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17
Q

Larceny: Reckless Exposure or Dealings

A

When a D recklessly exposes property to loss or deals with property in a manner involving a substantial risk of loss, the intent to permanently deprive is satisfied.

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18
Q

Larceny: Continuous Intent to Return

A

If at time of taking, the D continuously intends to return the property to the V unconditionally and within a reasonable time, there is no intent to permanently deprive.

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19
Q

Larceny: Intent to Replace

A

When the D takes property with the intent to later pay for it or later replace it, such intent may negate the intent to permanently deprive the element if the property is easily replaceable.

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20
Q

Larceny: Good Faith Belief

A

When a D, at the time of taking, has a good-faith belief that they are entitled to possession, there is no intent to permanently deprive.

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21
Q

Robbery

A

Larceny + the property being unlawfully taken on a Vs person or in the Vs presence + the taking was accomplished by force or intimidation (places V in actual fear).

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22
Q

Robbery: Person’s Presence

A

Presence refers to the area within the Vs protection or control (where the V could reasonably be expected to exercise physical control)

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23
Q

Robbery: Robbery by Force

A

Force can be slight but must be more than what is necessary to simply move the property.

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24
Q

Robbery: Robbery by Intimidation

A

A threat of violence must place the V in actual fear, and this fear must also exist during the taking (doesn’t matter whether the threat is empty).

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25
Q

Merger Under Robbery

A

Larceny, assault, and battery are all lesser-included offenses of robbery, which means that they all merge with the robbery upon the completion of the offense.

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26
Q

Extortion

A

When a person threatens to physically harm another person or to destroy the property of another for the purpose of obtaining something of value from this other person (threat does not have to be imminent).

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27
Q

Blackmail

A

When a person threatens to make accusations or share information that will expose another to criminal prosecution or public ridicule for the purpose of obtaining something of value from this other person (doesn’t matter if threatened info is factually true)

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28
Q

Level of Offense for Extortion or Blackmail

A

Both are felonies

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29
Q

Larceny by Trick

A

When D obtains possession of PP of another by means of a representation or promise that D knows to be false at time of taking (V only needs possession).

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30
Q

Difference Between Larceny and Larceny by Trick

A

Larceny requires a trespassory taking while larceny by trick merely requires a conveyance of possession.

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31
Q

Embezzlement

A

When a person in lawful possession of another person’s property engages in fraudulent conversion or misappropriation of that property (only property owners can be V).

32
Q

Embezzlement as a Statutory Crime

A

Embezzlement is a statutory crime and many statutes require that the property be entrusted to the defendant.

33
Q

Embezzlement by a Co-Owner?

A

Fraudulent conversion of a co-owner of property is not embezzlement.

34
Q

Employees (Larceny v. Embezzlement)

A

Generally, employees are said to only have custody rather than possession therefore, they can only be guilty of larceny rather than embezzlement unless:

  • a 3rd party gives property directly to employee for benefit of its employer
  • the employee is in a high-level position.
35
Q

Embezzlement: Property of Another

A

Embezzlement is a crime against tangible PP (it does not include intangible property, realty, or services).

36
Q

Embezzlement: Fraudulent Conversion or Misappropriation

A

Occurs when a person seriously interferes with another’s ownership rights (does not require personal gain for D)

37
Q

Serious Interference with Ownership

A

Any act that deprives owner of a significant portion of the property’s usefulness or value (e.g. selling, consuming, pledging, donating, discarding, heavily damaging, claiming title).

38
Q

Embezzlement: Restoration v. Substitution

A

While conversion is still fraudulent if D intends to substitute the PP for equivalent property, a conversion is not fraudulent if D intends to restore the exact property.

39
Q

Embezzlement: Good Faith Belief

A

A conversion is not fraudulent if the D took actions that the D honestly believed were consistent with Ds right to possess the owner’s property.

40
Q

Theft/Larceny by False Pretenses

A

When D knowingly makes a false representation of past or present material fact that causes the V to transfer title to D, with the intent to defraud the V of title to PP.

41
Q

Theft by False Pretenses: Intent to Defraud

A

Must exist at the time V transfers title to D (concurrence).

42
Q

Theft by False Pretenses: PP

A
  • This can include written instruments (stocks, bonds, notes, and deeds) as well as $ and credit cards (PP does not have to be tangible).
  • When a defrauded person passes money to the D in a sale – title has passed and the D can be liable for false pretenses if the other elements are met.
43
Q

Theft by False Pretenses: Knowingly (Actual v. Constructive)

A

-A minority of states require actual knowledge while the majority claims that awareness of high probability of falsity + deliberate avoidance of learning the truth constitutes knowledge.

44
Q

Theft by False Pretenses: Material Fact

A

Puffery and statements of opinion are insufficient (not representations of fact).

45
Q

Theft by False Pretenses: Causation

A

The Vs reliance upon the Ds false rep. must be a reason (but not the sole reason) for why the V transferred title

46
Q

Theft by False Pretenses v. Embezzlement

A

Embezzlement requires interference with ownership rights while false pretenses involves the transfer of title.

47
Q

Theft by False Pretenses v. Larceny by Trick

A

Larceny by trick only requires D to obtain possession of stolen property while false pretenses is a crime in which the D acquires title.

48
Q

Receiving Stolen Property

A

When D receives property they know to be stolen and intend to permanently deprive the owner thereof.

49
Q

Receiving Stolen Property: Receipt

A

When D has physical possession of that property or exercises control over it.

50
Q

Receiving Stolen Property: Knowledge

A

D must actually or constructively know that the property is stolen at time that D received the property.

51
Q

Receiving Stolen Property: Constructive Knowledge

A

Most states hold that constructive knowledge will suffice. Constructive knowledge is found where the facts and circumstances surrounding the receipt of the property leave no reasonable doubt that the receiver must have known, without further inquiry that it was stolen.

52
Q

Receiving Stolen Property: Intent

A

Intent to permanently deprive must be present at the time the D receives the stolen property (Ds personal gain is irrelevant)

53
Q

Receiving Stolen Property: Unconditional v. Conditional Returns

A
  • If the D intends to unconditionally return property at time of receipt –> he does not have requisite mens rea.
  • But if the D intends to conditionally return property (e.g. in exchange for a reward) –> this may be non-conclusive evidence of intent to permanently deprive.
54
Q

Forgery

A

When a person fraudulently makes a false writing with apparent legal significance with the intent to make wrongful use of the forged document.

55
Q

Forgery: Fraudulent Making

A

Can include:

  • The creation of a new document
  • The altering of an existing document
  • Inducing someone to sign a document knowing that the person is unaware of the document’s significance

-The making element completes the crime (actual use by D is not required)

56
Q

Forgery: False Writing of Apparent Legal Significance

A

To have legal significance, the writing must have some effect on legal rights or duties (e.g. K, will, deed, or mortgage).

57
Q

Forgery: Intent to Make Wrongful Use

A

An intent to reimburse V or collect on a good-faith claim does not negate intent to make wrongful use (desire for $ gain is also not required).

58
Q

Forgery: When One Actually uses the Forged Document

A

When one actually acquires the property by use of the forged document, they are likely guilty of another crime (e.g. theft by false pretenses).

59
Q

Crimes Against Habitation

A

Include:

  • Burglary
  • Arson
60
Q

Burglary

A

When a person breaks and enters into a structure of another with an intent to commit a felony or theft crime therein.

61
Q

Burglary: Exits

A

Breaking to exit is not sufficient for burglary.

62
Q

Burglary: Breaking

A

Must be trespassory (done by someone who lacks authority or consent). Can include an actual breaking or constructive breaking. But keep in mind that some state statutes delete this element altogether.

63
Q

Burglary: Actual Breaking

A

When D uses force (even slight force) to create an opening that permits entry. The modern majority rule also holds that there is a breaking when a D enlarges an opening (e.g. a partially open window).

64
Q

Burglary: Constructive Breaking

A

When D uses fraud, deception, or the threat of force to gain entry into a structure.

65
Q

Entering

A

Must be trespassory (someone who lacks authority or consent). Therefore, if one believes that they have permission to enter, this element is not satisfied. Can be accomplished by body and maybe tools

66
Q

Entering: Body

A

Can be proven by showing that any part of Ds body was placed inside the structure.

67
Q

Entering: Tools (Those Used for Breaking v. Those Used for Taking)

A

In most jurisdictions, if a tool is used to break into the building crosses the threshold, it is not enough. However, if a tool is used or “taking” something (e.g. pole with a hook) crosses the threshold it is sufficient to establish entry.

68
Q

Burglary: Relationship Between Breaking and Entering

A

The entering does not need to occur at the same time as the breaking, but it must be related to the breaking.

69
Q

Burglary: Intent to Commit a Felony or Theft Offense Therein (Concurrence)

A
  • Intent must be simultaneous with the breaking or entering.
  • Intent formed after initial entry will require an additional entry
70
Q

Burglary: Intent v. Use

A

The burglary is complete once the D enters with sufficient criminal intent, regardless of whether the D commits or even attempts to commit the intended felony or theft crime therein.

71
Q

No Merger for Burglary

A

A D who commits or attempts to commit burglary and commits or attempts to commit the felony or theft offenses can be charged and convicted of both crimes.

72
Q

Arson

A

ML- When a person maliciously burns property.

CL- when a person maliciously burns a dwelling.

73
Q

Arson: Maliciousness

A

Is satisfied by acts that intentionally or recklessly cause property to burn.

74
Q

Arson: Burning

A

This element is satisfied by evidence of charring (extensive damage is not required). But there must be something more than mere discoloration or warping.

75
Q

Arson: Property

A

The property can be a dwelling, building, structure vessel, or even PP (regardless of who is the owner).

Criminal Law (8 decks)

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