Criminal Law Flashcards
1
Q
Theft Crimes
A
- Larceny
- Embezzlement
- False Pretenses
- Larceny by Trick
- Robbery
- Receipt of Stolen Property
2
Q
Theft Crime - Larceny
A
- Trespassory (without consent)
- Taking
- And carrying away of
- Tangible personal property of another
- With intent to permanently deprive the other of his interest in the property.
3
Q
Theft Crime - Embezzlement
A
- Fraudulent conversion
- Of property of another
- By a person in lawful possession of that property
4
Q
Theft Crime - False Pretence & Larceny by Trick
A
- Obtaining (FP = Title; LBT = Possession)
- To the property of another
- By an intentional or knowing false statement of Past or Existing fact
- With the intent ot defraud the other.
5
Q
Theft Crime - Robbery
A
- Taking
- Of personal property of another
- From the other’s person or prsence
- By force or threat of force
- With the intent to permanently deprive the other of his interest in the property
6
Q
Theft Crime - Receipt of Stolen Property
A
- ∆ Receives possession and control of stolen property
- Knows it was stolen by another perosn or that supplier did not have right to property
- Intent to permanently deprive true owner of their property
7
Q
Crimes Against Habitation - Burglary
A
- Breaking and
- Entering
- Of the dwelling of another
- In the nighttime
- With the intent to commit a felony therein
8
Q
Crimes Against Habitation - Arson
A
- The malicious burning of the dwelling of another.
9
Q
Crimes Against the Person
A
- Criminal Assault
- Criminal Battery
- Mayhem
- Kidnapping
- Rape
- Homicide
10
Q
Crimes Against the Person - Criminal Assault
A
- The attempt to commit a battery OR
- Intentional creation, by other than mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.
11
Q
Crimes Against the Person -** Criminal Battery**
A
- Unlawful application of direct or indirect force
- To the person of another
- Resulting in
- Bodily injury or an offensive touching
12
Q
Crimes Against the Person - Aggravated Battery
A
Victim = a child, woman, or police officer
13
Q
Crimes Against the Person - Mayhem
A
Dismemberment or disablement of body part
14
Q
Crimes Against the Person - Kidnapping
A
- The confinement of a person
- That also involves either:
- Movement of the victim or
- Concealement of the victim in a secret place
-
Aggravated kidnapping if purpose is:
- Ransom
- To commit other Crimes
- Offensive (sexual)
- Child stealing
15
Q
Crimes Against the Person - Rape
A
At comon law:
- The unlawful carnal knowledge
- Unlawful = without consent
- Consent ineffective if by:
- Force
- Threat
- Victim incapable of consent (drugs/alcohol/mental capacity/unconscious)
- Of a woman
- By a man who is not her husband.
*Modern statutes eliminate #3