Offenses Against Property

Question 1

What are the elements of Burglary?

BEDANI

Prima Facie Case also for an Essay

Answer 1

Prima facie case:
* Breaking
* and entering
* into a dwelling
* of Another
* at night
* with felonious intent therein

• Intent- has to be formed BEFORE or by the time the breaking and entering occurs, NOT after. Intent to commit a felony formed AFTER breaking in is NOT burglary.
• Breaking- constructive breaking can be satisfied through entry gained by means of a fraud (thief dressed up as bell hop to gain access to guest’s hotel room).
• Dwelling- a hotel room constitutes a dwelling.

Question 2

What are the elements of Larceny?

TaTpAWcID

Answer 2

Prima facie case:
* The taking;
* and asportation;
* Of another’s
* tangible personal property
* Without consent;
* With intent to permanently deprive the person of the property.

Question 3

What are the elements of Larceny by Trick?

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Answer 3

Prima facie case:
* The taking;
* and asportation;
* Of another’s
* tangible personal property
* Without consent;
* With intent to permanently deprive the person of the property.

Victim consents to D’s obtaining possession of property as a result of a misrepresentation.

Question 4

What are the elements of Robbery?

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Answer 4

Prima facie case:
* The taking;
* Of another’s personal property
* from the other’s person or presence;
* by force or intimidation;
* With intent to permanently deprive the person of the property.

The taking of another’s property from the person by force/intimidation, with intent to deprive permanently.

Suffucient force is same standard under BATTERY (harmful or offensive contact).

Question 5

False Pretense

Answer 5

Defendant:
1. Obtains title;
2. To the property of another;
3. By an intentional (or knowing) false statement of past or existing fact;
4. With the intent to defraud another.

Question 6

Embezzlement

Answer 6

1. Fraudulent;
2. conversion;
3. of property;
4. of another;
5. by a person in lawful possession of that property

Question 7

Forgery

Answer 7

1. A making or altering;
2. of a false instrument;
3. with the intent to defraud