Property Offenses Flashcards
Larceny consists of:
A taking
and carrying away
of tangible personal property
of another with possession
by trespass
with intent to permanently deprive that person of their interest in the property.
Intent to Permanently Deprive
Generally, larceny requires that at the time of the taking the defendant intended to permanently deprive a person of their property.
Insufficient Intent for Larceny
If defendant thinks that the property they were taking is theirs or where they intent only to borrow or to keep as repayment of a debt, there is no larceny.
embezzlement is:
The fraudulent
conversion
of personal property
of another
by a person in lawful possession of that property.
The offense of false pretenses is:
Obtaining title
to personal property of another
by an intentional false statement of a past of existing fact
with intent to defraud the other.
Larceny by Trick
If the victim is tricked—by misrepresentation of fact—into giving up mere custody or possession or property, the crime is larceny by trick.
If victim is tricked into giving up title to property, the crime is false pretenses.
Robbery consists of:
A taking
of personal property of another
from the other’s person or presence
by force or threats of immediate death or physical injury to the victim, a family member or some person in the victim’s presence
with the intent to permanently deprive them of it.
Burglary in common law consists of:
A breaking
and entry
of a dwelling
of another
at nighttime
with the intent to commit a felony in the structure.
Actual breaking
It is not an actual breaking for a person to come uninvited through a wide open door or window.
Constructive Breaking
a constructive breaking is a breaking by fraud or threat.
Arson at common law consists of:
The malicious
burning
of the dwelling
of another.
