Crimes Against Property Flashcards
Arson
Theft types
(a) larceny
(b) larceny by trick
(c) false pretenses
(d) embezzlement
(e) robbery
(f) forgery
(g) burglary
Larceny
(1) The trespassory
(2) taking and
(3) carrying away of
(4) personal property
(5) of another
(6) with the intent to permanently deprive
It is not larceny if:
(a) defendant honestly thinks the property is his or is claiming it as repayment of a debt (and value of the property does not exceed the
debt)
(b) item is already in the defendant’s possession
Larceny by trick
Defendant:
(1) intentionally makes a false representation of a
(2) material past or existing fact
(3) to obtain custody (but not title) of
(4) personal property of another.
False pretenses
Embezzlement
Key distinctions:
(a) Embezzlement means
that one deprives the property of a significant amount of its value.
(b) Defendant already
has lawful possession (rather than just “mere custody”) of the property in an embezzlement case.
Robbery
Forgery
A defendant commits forgery when he:
(1) makes (or alters) a false writing
(2) with the intent to defraud.
Burglary
Receiving stolen goods
(1) receiving possession and control
(2) of “stolen” personal property
(3) known to have been obtained in a manner constituting a criminal offense by another person
(4) with the intent to permanently deprive the owner.
An actor is guilty of possession if:
(1) the actor knowingly procured or received the thing possessed; or
(2) the actor was aware of his control for a sufficient period to have been able to terminate his possession.