Property Crimes Flashcards

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1
Q

What are the general property crimes?

A

Larceny
embezzlement
false pretenses
robbery
extortion
burglary
arson
possession
receipt of stolen goods

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1
Q

What are the elements of larceny?

A

(i) taking of another’s personal property
(ii) by trespass
(ii) with the intent to permanently deprive that person of the property

Grand larceny applies for theft of goods valued over $1000 (unless taken from another’s person, then it applies if valued over $5)

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2
Q

What are the elements of embezzlement?

A
  • Fraudulent
  • Use, concealment, or disposal
  • Of property (tangible or intangible)
  • Of another
  • (i) Received for another person or for one’s employer; (ii) received by virtue of one’s office or employment; or (iii) otherwise entrusted
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3
Q

What are the elements of false pretenses?

A
  • Obtaining property subject to larceny
  • By any false pretense
  • With the intent to defraud
  • Both title and possession must pass
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4
Q

What are the elements of robbery?

A
  • Taking
  • With intent to steal
  • The personal property of another
  • From his person or in his presence
  • Against his will
  • By violence or intimidation
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5
Q

What are the elements of extortion?

A
  • Taking money or property from another by threat
  • Property need not be on person or in presence of victim
  • Threat need not be physical or of immediate harm

Applicable threats: (i) injury to the character, person, or property of another; (ii) accusing another of any offense; (iii) threatening to report another as being illegally present in the U.S.; or (iv) knowingly destroying or withholding, or threatening to withhold, another’s passport or identification document

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6
Q

What are the elements of common law burglary?

A

o Breaking and entering
o A dwelling
o Of another
o At nighttime
o With specific intent to commit a felony or larceny therein
o A deadly weapon raises offense to Class 2 felony

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7
Q

What are the elements of statutory burglary?

A

o (i) Entering without breaking at night or (ii) breaking and entering in the daytime, or (iii) entering and concealing oneself,
o In a dwelling or adjoining occupied structure,
o With the intent to commit a crime:
**Murder, rape, robbery, or arson (higher punishment range),
**Larceny or another felony (lower punishment range), or
**Misdemeanor (except assault or battery) (lowest punishment range)

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8
Q

What are the elements of arson?

A
  • Malicious burning
  • Of the dwelling
  • Of another
  • VA—arson includes the malicious burning of an occupied or unoccupied meeting house, building, personal property, standing grain, or other crop
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9
Q

What are the elements of possession crimes?

A

knowingly or intentionally possessing, and exercising control over, a prohibited object or substance

D not required to be aware that possession of the object or substance is illegal

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10
Q

What are the elements of receipt of stolen goods crime?

A

receiving control of stolen property with knowledge that it is stolen, and with intent to permanently deprive rightful owner

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