Theft Crimes: Larceny, Embezzlement, False Pretenses (ALL SPECIFIC INTENT CRIMES)

Question 1

Larceny Rule Statement

Answer 1

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive

Question 2

When is a taking trespassory for larceny?

Answer 2

When defendant takes possession of victim’s property without PRIOR content of the victim.

Question 3

What is taking and carrying away for larceny?

Answer 3

Moving the property as an attempt to take possession. Slight movement is enough.

Question 4

Will slight movement of property suffice for taking and carrying away for larceny?

Answer 4

Yes.

Question 5

Can a person commit larceny over property he owns, if the victim has lawful possession?

Answer 5

Yes. Larceny is a crime against possession, not ownership. An owner can commit larceny over property he owns if the owner has given possession of it to the victim.

Question 6

What is intent to permanently deprive for larceny?

Answer 6

A specific intent to keep the property.

Question 7

When must the intent to permanently deprive exist for larceny?

Answer 7

At the time of the taking.

Question 8

What if a defendant takes property of another and then abandons it?

Answer 8

Still commits a larceny, if the abandonment creates a substantial risk of loss.

Question 9

What if a defendant takes property of another with the intent to return it?

Answer 9

Not larceny.

Question 10

Define larceny by trick

Answer 10

The trespassory taking and carrying away of another’s property with the intent to permanently deprive, but with the victim’s apparent consent acquired through misrepresentation.

Question 11

Embezzlement Rule Statement

Answer 11

The fraudulent conversion of the property of another by one in rightful possession.

Question 12

What is fraudulent conversion for the purposes of embezzlement?

Answer 12

Dealing with the victim’s property in some manner inconsistent with the victim’s grant of possession of the property to the victim.

Question 13

False Pretenses Rule Statement

Answer 13

The acquisition of title to another’s property by a false representation with the intent to defraud

Question 14

(False Pretenses) What must the victim intent to pass to the defendant?

Answer 14

Title, not just possession. This crime occurs mostly when selling property to defendant.

Question 15

(False Pretenses) What is a false misrepresentation?

Answer 15

Falsely inducing the transaction.

Question 16

Robbery Rule Statement

Answer 16

A larceny (same elements) committed from the victim’s person or presence by force of threat of force of immediate bodily harm.

Question 17

(Robbery) From where must a person take property?

Answer 17

The victim’s person or immediate vicinity.

Question 18

(Robbery) Does a person’s wallet or purse qualify as “victim’s person”?

Answer 18

Yes.

Question 19

(Robbery) What is considered “the presence of the person”?

Answer 19

The same room or house.

Question 20

(Robbery) What does take by force mean?

Answer 20

The defendant must use force or the threat of force to accomplish the taking.

Question 21

(Robbery) Will threats of future harm, or later bodily harm suffice for robbery?

Answer 21

NO NO NO NO NO