crim law Flashcards
(22 cards)
larceny by trick
Larceny by trick is a larceny accomplished by fraud or deceit that results in the conversion of the property of another. The defendant acquires mere possession of (not title to) the property.
common law burglary
Common law burglary is complete when the defendant unlawfully breaks and enters a dwelling at night with the intent to commit a felony therein. Commission of the underlying felony is unnecessary. However, a burglary defendant who fails to complete the underlying felony is also guilty of the attempted commission of that felony.
larceny and lost/misplaced property
A person who finds lost or misplaced property is guilty of larceny if, at the time of the finding, the person (1) knows or believes he/she can locate the owner and (2) takes and carries away the property with permanent intent to keep the property.
MPC conspiracy
Under the MPC, conspiracy requires that
(1) the defendant enter into an agreement to commit a crime,
(2) the defendant specifically intend that the crime be committed, and
(3) at least one conspirator commit an overt act.
Since the MPC follows the unilateral approach, only one party need actually agree to the conspiracy.
wharton rule
Under the Wharton Rule, if a crime requires two or more participants (e.g., adultery), there is no conspiracy unless more parties than are necessary to complete the crime agree to commit it.
rejected by MPC
attempt
A defendant is guilty of attempt if he/she
(1) had the specific intent to commit a crime and
(2) took a substantial step toward the commission of that crime and
(3) did not complete the crime.
The crime of attempt is complete once the defendant takes the substantial step, so there can be no abandonment or withdrawal after that step is taken.
larceny definition
the trespassory taking and carrying away of another’s personal property with the specific intent to permanently deprive the person of that property. It is no defense that the defendant later returned the property to the place from which it was taken or to its rightful owner.
criminal assault
Criminal assault occurs when a defendant
(1) attempts to commit a battery or
(2) intentionally places another in reasonable apprehension of imminent harmful or offensive contact.
depraved heart murder
an unintentional killing that results from a reckless indifference to an unjustifiably high risk to human life.
attempt
A defendant is guilty of an attempted crime if he/she
(1) had the specific intent to commit a crime,
(2) performed an act in furtherance of that crime, but
(3) did not complete it.
Factual impossibility is no defense to attempt.
bigamy
a strict liability offense that arises from the voluntary act of marrying someone while still legally married to someone else.
rape and fraud in the factum
Fraud in factum occurs when the fraud pertains to the nature of the act itself and negates a rape victim’s consent.
rape and fraud in the inducement
Fraud in the inducement occurs when fraud is used to gain consent to what the victim knows is an act of sexual intercourse and does not negate the victim’s consent.
robbery
3 elements
(1) The defendant committed larceny—i.e., a trespassory taking and carrying away of a victim’s personal property with the specific intent to permanently deprive the victim of that property.
(2) The property was taken from the victim’s person or in the victim’s presence.
(3) The taking was accomplished by force or intimidation.
receipt of stolen property
must have
(1) taken possession of stolen personal property
(2) knew that the property was stolen, and
(3) specifically intended to permanently deprive the owner of the property
MPC (and MAJ) accomplice liability
requires proof that a person
(1) intentionally aided or encouraged the principal before or during the crime and
(2) intended that the principal commit the crime. Mere knowledge that another person intends to commit a crime is not enough.
embezzlement
Embezzlement is the fraudulent conversion of the property of another by a person who is in lawful possession of the property. Conversion is the inappropriate use of property, held pursuant to a trust agreement, which causes a serious interference with the owner’s rights to the property.
receipt of stolen property
To be guilty of receiving stolen property, the defendant must receive control of stolen property, know that the property is stolen, and intend to permanently deprive the owner of the property. Property that is unlawfully obtained through larceny, embezzlement, or false pretense is stolen property. The act of receiving the property must coincide with the recipient’s knowledge that the property is stolen. Some jurisdictions require that the defendant have actual, subjective knowledge that the property has been stolen. Other jurisdictions permit the defendant’s knowledge to be inferred from facts that would alert a reasonable person to unlawful acquisition of the property.
Kidnapping
Kidnapping is (1) the intentional and unlawful confinement of another (2) against that person’s will (3) coupled with moving or hiding the person. For a kidnapping to occur incident to the commission of another offense, the movement of the victim must be more than is necessary to complete the other offense.
false pretenses
A defendant is guilty of false pretenses if the defendant:
(1) knowingly misrepresented a past or present material fact
(2) did so with the specific intent to defraud and
(3) thereby obtained title to (i.e., ownership of) another’s property (including money)
forgery
Forgery is (1) the making of a false writing of apparent legal significance with (2) the specific intent to defraud. “Making” includes creating a document, altering a document, or fraudulently inducing another to sign a document when that person is unaware of the significance of the document.
