(3) Criminal Law: Personal Property Crimes

Question 1

Larceny - Is it a specific or general intent crime?

Answer 1

Specific Intent Crime

Question 2

Overall Rule:

Larceny

Answer 2

Larceny is the (1) trespassory taking; (2) and carrying away; (3) of the personal property of another; (4) with the intent to permanently deprive the owner of the property.

[Note: the intent must exist at the time of the taking]

Question 3

(& what is not a defense)

When is the crime of Larceny complete?

Answer 3

The crime is complete at the taking and restoring the property to the owner will not be a defense.

Question 4

Can Larceny be committed against a thief?

Answer 4

YES, Larceny can be committed against a thief if the thief has a superior possessory interest in the property.

Question 5

Can Larceny be committed against joint owners?

Answer 5

YES Joint owners can commit larceny against other joint owners.

Question 6

Are utilities and intangible property considered personal property?

Larceny

Answer 6

YES, utilities are considered personal property.

Intangible property is only considered personal property if a document that represents the rights to the intangible property is taken.

Question 7

Can Larceny occur by mistaken delivery?

Answer 7

YES, Larceny can occur by mistaken delivery if the recipient of the property realizes that a mistake has been made at the time of the receipt of the property and the recipient possesses the necessary intent to permanently deprive.

Question 8

Can property be taken with the owners consent and be considered larceny?

Answer 8

NO, property must be taken without owners consent. A taking is removing the property from the owners possession and putting it into anothers control.

A taking occurs even if the D uses a 3rd party who is unaware of the D’s criminal intent.

Question 9

Larceny by Trick

Answer 9

Actual possession (but not title) of personal property is taken from the owner by fraud, trick or deception and the victim relies.

*A prediction about a future event, false promise or opinion is not sufficient.

Question 10

Continuing Tresspass Rule

Larceny

Answer 10

A trespass (aka: trespassery taking) is continued until the intent to permanently deprive arises.

Question 11

Embezzlement

Answer 11

Embezzlement is (1) the fraudulent or wrongful; (2) conversion; (3) of personal property of another; (4) by a person with lawful possession of the property. Intent to permanently deprive the lawful owner is required (replacement of property with similar property or the cash value satisfies this requirement).

Question 12

Common Law Rule:

Extortion

Answer 12

At common law, extortion was the unlawful taking of money by a government officer.

Question 13

Modern Trend Rule:

Extortion

Answer 13

Extortion is (1) illegally obtaining property; (2) either by force or threats of violence, property damage or exposing information.

(Threats need not be immediate)

Question 14

False Pretenses

Answer 14

False pretense occurs when one (1) obtains title; (2) to personal property of another; (3) through a known false statement of material fact (past or present); (4) with intent to defraud; and (5) the person relies.

Question 15

Is silence considered a known false statement?

False Pretense

Answer 15

Silence is generally not a false statement even when the person is aware of the owners misunderstanding.

Question 16

Receipt of Stolen Property

Answer 16

Receiving stolen property is a crime when a person (1) receives control of stolen property; (2) who knows the property is stolen at the time of receiving it; (3) with the intent to permanently deprive the owner of the property.

*Knowledge can be inferred from surrounding circumstances.

Question 17

Do you need possession to satisfy the rule for Receipt of Stolen Property?

Answer 17

NO, only control not possession is needed.

Question 18

Forgery

Answer 18

Forgery is the making of a false writing with apparent legal significance and with the intent to defraud (i.e., make wrongful use of the forged document – even if no one is actually defrauded).