Other Crimes Flashcards
(121 cards)
1
Q
In a sentence, define “accomplice”
A
One who is liable for a crime perpetuated by another b/c of the accomplice’s own involvement in the offense
**the bar exam previously used the word “accessory” when testing about this type of liability, but modern f patters use “accomplice”
2
Q
Define “accessory after the fact”
A
Someone who provides aid to help a perpetrator escape the legal consequences of a crime (arrest, trial, or conviction)
*today, this crime is often charged separately from harboring a fugitive, aiding escape or obstructing justice
3
Q
Which 3 groups of individuals are excluded from accomplice liability?
A
- members of the protected class of a statute (ie, those in a certain category who are exempt from liability)
- participants who are necessary to the commission of a crime but are excluded from liability under the statute (eg, a person who buys narcotics from a drug deal is necessary for the transaction but is not guilty of selling drugs)
- anyone who has properly w/drawn from the crime
4
Q
What is the legal standard for an effective w/drawl by an accomplice who encouraged the commission of a crime?
A
An accomplice who ONLY provided encouragement may w/draw by communicating their renunciation of the crime to the perpetrator PRIOR to the commission of the crime
5
Q
What are the 2 ways to commit a criminal assault?
A
A ∆ commits assault if they either:
- commit an attempted battery; OR
- intentionally create a reasonable apprehension in the victim’s mind of imminent bodily harm
*The “attempted battery” form of assault often occurs when the ∆’s actions fall short of making physical contact with the victim
6
Q
What are the 4 elements of criminal battery?
A
Battery requires proof of:
- an unlawful;
- use of force;
- upon another person; AND
- resulting in either offensive touching OR bodily harm
*a ∆ who merely attempts batter and falls short (ie, does not make physical contact) may be guilty of assault
7
Q
What are the 3 elements of false imprisonment?
A
False imprisonment requires proof of:
- unlawful
- confinement of a person;
- without their valid consent
*GENERAL INTENT CRIME
8
Q
What are the elements of kidnapping?
A
Requires proof of unlawful confinement of a person and EITHER:
- moving the victim; OR
- concealing the victim in a secret location
*when a person who is falsely imprisoned is then moved or concealed, false imprisonment becomes kidnapping
9
Q
What are the 4 elements of rape at common law?
A
- unlawful
- carnal knowledge
- with a female (who is not the ∆’s wife)
- without her consent
*rape at CL is narrower than the modern statutory approach
10
Q
What is the legal standard for “statutory rape”?
A
Stat rape is the carnal knowledge of (ie, intercourse with) a person who is under the legal age of consent
*most states classify statutory rape as a STRICT LIABILITY crime b/c consent is irrelevant, meaning it does not matter if the ∆ knew the victim was underage (ie, mistake as to the victim’s age is no defense)
11
Q
What are the 6 elements of larceny?
A
Requires:
- a trespassory
- taking
- and carrying away
- the tangible personal property
- of another
- with the intent to permanently deprive the owner of possession of the property
12
Q
What are the 5 elements of embezzlement?
A
A ∆ is guilty of embezzlement if they:
- convert
- the property
- of another
- that was in their lawful possession
- with the intent to defraud
13
Q
What are the two requirements of the mens rea for false pretenses?
A
Requires ∆ to have:
- knowledge that the statement was false when they made it; AND
- the SPECIFIC INTENT for the victim to rely on the misrepresentation
*the ∆ will be found to have knowledge if they were put on notice of a high probability that it was false and deliberately avoided discovering the truth
14
Q
What are the 5 elements of robbery?
A
- a taking
- of the personal property of another
- from the other’s person or presence
- by intimidation or force
- with the intent to PERMANENTLY deprive the victim of the property
**robbery is essentially aggravated larceny, containing all the same elements, plus 2 additional: (i) taking from the person or presence; AND (ii) using force or intimidation
15
Q
Define “extortion” at common law
A
Was the corrupt collection of an unlawful fee by a public officer under the color of their office
16
Q
What are the 4 elements of recent of stolen property?
A
A ∆ is guilty of receiving stolen property if they:
- receive
- stolen property
- knowing it is stolen
- with the intent to deprive the owner of the property
*under the modern view, proof of the requisite knowledge can be inferred from the surrounding circumstances
17
Q
What are the three elements of forgery?
A
- making or altering
- a written document; AND
- with the intent to defraud
*the writing must be of apparent legal significance, such as a letter of rec, a receipt, or a contract
18
Q
What are the 3 elements of malicious mischief?
A
- the malicious
- destruction or damage
- to the property of another
*misdemeanor crime
19
Q
What are the 6 elements of burglary at common law?
A
- a breaking
- and entering
- of the dwelling
- of another
- at nighttime AND
- the intent to commit a felony therein
if the question involves burglary, you MUST determine whether common law or modern stat elements apply
20
Q
4 elements of arson at common law?
A
- the malicious
- burning
- of the dwelling house
- of another
21
Q
What are the 3 elements of perjury at CL?
A
- the willful giving
- of a false statement AND
- under oath in a judicial proceedings
*at CL - perjury was a SPECIFIC INTENT misdemeanor crime
22
Q
What are the 3 elements of bribery at CL?
A
- corrupt payment/receipt
- of anything of value AND
- in exchange for official action
*specific intent misdemeanor crime at CL
23
Q
What is the mens rea required for kidnapping?
A
Although the exact definition is unclear, kidnapping typically requires that the ∆ ACTUALLY intended to either confine or move victim
*kidnapping is a GENERAL INTENT crime UNLESS the statute requires a specific level of intent
24
Q
What are the 2 elements of rape under the modern statutory approach?
A
Generally require the ∆ (of any sex) to commit:
- the slightest penetration, intrusion, or touching of any part of the victim’s body; AND
- w/out contemporaneous consent (or the capacity to consent)
*most modern statutes refer to rape as “sexual assault” and recognize rape between a husband and wife
25
Which type of property may be subject to larceny?
only tangible personal property (ie, goods and chattels) may be the subject of larceny
26
What is required to prove "the property of another" element of larceny?
∆ must have taken property from "another" who had a right to possession that was superior to the ∆'s right, if any
**even if a ∆ owns the peropty, they may still be guilty of larceny if, at the time of the taking, the victim had lawful possession when the ∆/owner takes it
27
What is required to prove the "trespassory" element of larceny?
Must be wrongful, meaning it is taken w/out the victim's consent
*if the "trespass" is accomplished through the use of fraud or deceit, it is considered "larceny by trick"
28
What are the 2 elements for larceny of lost or mislaid property?
Lost or mislaid property is only subject to larceny if the ∆:
1. intends to steal the property when they take possession; AND
2. is aware that it belongs to someone else or has reason to belike they can ascertain the owner's identity
*differs from abandoned property, which has no owner, and therefore, a ∆ cannot commit larceny by taking it
29
What are the 2 elements for larceny of misdelivered property?
If property is mistakenly delivered to the ∆, he commits larceny by accepting it IF he:
1. realizes the mistake at the time of misdelivery; AND
2. intends to permanently deprive the owner of possession when he accepts it
30
What is "continuing trespass"?
occurs when the ∆ initially takes the property of another w/out the requisite intent, but later, while in possession of the property, forms the intent to permanently deprive the owner of it
*even tho the ∆'s initial taking was trespassory, it was not done w/ sufficient intent to establish larceny until later
31
What are the 4 elements of false pretenses?
A ∆ is guilty of false pretenses when they:
1. obtain title
2. of the property of another
3. through an intentionally false statement of past or existing material fact; AND
4. has the intent to defraud
32
What is required to establish INTIMIDATION for the "by intimidation or force" element of robbery?
A ∆ who uses INTIMIDATION (as opposed to force) may be guilty of robbery if the intimidation places the victim in reasonable fear of immediate serious bodily injury or death to the victim, a family member, or someone in the victim's presence
The intimation must be the way the ∆ was able to take the property from the victim or retain possession
*it is NOT enough if the ∆ threatened non-immediate harm OR the threat would not reasonably cause fear in the victim - a threat to cause damage to property is NOT sufficient
33
What are the 2 modern approaches to defining extortion?
1. In ANY jurisdiction, a ∆ is guilty of extortion if they use oral or written threats to obtain (gain possession) of property from another
2. most jurisdictions, however, only rehire a minimum that the ∆ made the threats, regardless of whether they succeed in obtaining the property
*extortion is a SPECIFIC INTENT crime - aka BLACKMAIL
34
What is required to prove the "stolen" element of receiving stolen property?
-"Stolen" is any property that was obtained through the commission of a property offense
-the property must be stolen when received, meaning goods previously stolen and recovered by police are no longer considered "stolen" (eg, an undercover police officer recovers stolen property to set a ∆ up, it is no longer considered "stolen")
*a ∆ who purchases previously-stolen property from an undercover agent may still be guilty of attempted receipt of stolen property
35
What is required to prove "actual" or "constructive" breaking under CL burglary?
At CL, a "breaking" may be established by either:
1. ACTUAL Breaking: the ∆ may use any amount of force even minimally (eg, opening an unlocked door) OR
2. CONSTRUCTIVE Breaking: the ∆ may use fraud, threat, or intimidation to gain the resident's consent to enter
*note that either type of breaking involves creating an opening into a structure w/out consent
36
What are the 2 requirements for proving mens rea element of arson under the modern approach?
Modern arson statutes require at least:
1. recklessness in starting the fire; AND
2. with the purposes of destroying or damaging the property
37
What are the 2 elements of the mens rea required for accomplice liability under the modern approach?
Requires the ∆ to have the intent :
1. to assist, aid, or encourage the principal in committing the crime; AND
2. for the principal to commit the underlying crime (ie, the accomplice must have the same mens rea required for the crime itself)
*the accomplice must have the purpose of encouraging the principal; mere knowledge is not enough under the modern view
38
Define "accessory before the fact"
Someone who aids, abets, counsel, or otherwise encourages the commission of a crime, but is NOT present at the scene
39
What type of action must a person take to be liable as an "accomplice"?
∆ must directly or indirectly encourage, facilitate, or otherwise abet the principal before or during the commission of the crime
40
Will a person who aids the principal to a crime, prior to commission of the crime, be liable under the modern rule?
-YES. Formerly known as an "accessory before the fact" - a person who aids the original principal prior to the completion of the crime I snow also charged as a principal to the crime itself --> aka anyone who acts as an accomplice is guilty just as the principal would be
-MPC takes similar approach but w/ diff terminology
*Contrast w/ an accessory after the fact, who may be charged w/ a separate crime
41
When is "withdrawal" by an accomplice who assisted in the commission of a crime effective?
Someone who provided actual assitense ("abetted") may ONLY w/draw by taking an action to somehow neutralize or counteract the assistance they provided (eg, the abettor gave the perpetrator a gun to use, but retrieves the gun b4 the crime is committed)
*if one cannot withdraw by these methods, an alternative option is to notify the police or take some other action to prevent the crime from happening
42
What is required to prove the "taking" element of larceny?
-A "taking" requires the ∆ to have obtained possession (ie, dominion and control) of the property, not merely having moved or destroyed it
-the ∆ may have achieved the taking by using an innocent agent to act on their behalf
*the action that satisfies "taking" element will often also satisfy the "carrying away" element, but not always
43
What is required to prove the "carrying away" element of larceny?
At a minimum, the ∆ must have made slight movement of the property as part of the "carrying away" process, also known as "asportation"
44
Which types of property are NOT subject to larceny?
-realty or fixtures of the land
-services
-intangible property
-documents/instruments that do not have monetary value
45
May stolen property be subject to larceny?
YES
If one thief steals property and a second thief steal it from the first --> the second is guilty of larceny
46
HYPO:
If a ∆ takes property w/ the intent to sell it back to the rightful owner, are they guilty of larceny?
YES
This is the same as having the intent to cause permanent loss (or the risk of permanent loss), which is enough to constitute larceny
46
HYPO:
If a ∆ mistakenly believes another is in possession of property that is rightfully theirs, will they be guilty of larceny if they take it?
NO
If a ∆ takes the property of another but honestly believes it belongs to them - they are NOT guilty of larceny
47
What is required to prove the "obtains title" element of false pretenses?
"Obtaining title" under false pretenses requires the ∆ to receive actual title to the property
*whether the ∆ obtains title often depends on what the victim intends to convey when handling over the property
48
How does the crime of false pretenses differ from larceny by trick?
The crime of false pretenses occurs when the ∆ obtains ACTUAL title to the property
Whereas the ∆ need only take POSSESSION of the property to be guilty of larceny by trick
49
Which types of property are subject to false pretenses?
-personal tangible items
-real property
-services
-credit
-securities
*this is a broader scope than the crime of larceny, which does not allow real estate, intangibles, or services, to be subject to larceny
50
What is required to prove the "misrepresentation" element of false pretenses?
The ∆ must make a misrepresentation about a past or present material fact, meaning it induces the victim to decide to convey the property to the ∆
51
What is required to prove the "taking" element of robbery?
A "taking" requires the ∆ to have obtained possession (ie, dominion and control) of the property, not merely having moved or destroyed it
The ∆ may achieve the taking by using an innocent agent to act on their behalf
*this definition is the SAME for larceny
52
What type of property may be subject to robbery?
Only tangible personal property (ie, goods and chattels)
*SAME AS LARCENy
53
What is required to establish FORCE for the "by intimidation or force" element of robbery?
a ∆ who used FORCE (as opposed to intimidation) may be guilty of robbery if the ∆ uses ANY degree of ACTUAL force
*the force must be the way the ∆ was able to take the property or retain possession of it
54
HYPO:
If a victim simply handed over property willingly and was not afraid of the ∆ or their actions, is the "intimidation or force" element of robbery satisfied?
NO
To satisfy the "by intimidation or fore" element the victim must have given the property to ∆ because of being initiated or being forced to hand over the property
55
What is required to prove the "person or presence" element of robbery?
the taking of personal property must have been from w/in the victim's "presence," defined as reasonably close or w/in the same vicinity, not necessarily from the victim's actual body
56
What is required to prove the "intent to permanently deprive" element of robbery?
When the ∆ takes the property, they must have the SPECIFIC INTENT to keep it, meaning to "permanently deprive" the owner of any interest in the property
**this definition is the same for crimes of larceny, receipt of stolen property, AND embezzlement
57
What is required to prove the "Oral or written threats" element of extortion?
The threats, whether spoken or written, may be to:
-physically harm the victim or others
-reveal damaging information OR
-inflict damage to property
*w/ extortion, the ∆'s threat is at the core of the offense
58
What are the two difference between extortion and robbery?
1. Robbery requires the threat to be IMMEDIATE
-whereas extortion allows threats to be about future harm/damage
2. Robbery requires the taking to be from the person or their presence
-whereas extortion allows the taking to be from anywhere, not just items of value in the victim's vicinity
*when a threat is not sufficient to prove robbery, it often satisfies all the elements of extortion
59
What is required to prove the "receives" element of receiving stolen property?
A ∆ receives stolen property if:
-they have physical possession of it
-it is placed in an area designated by the ∆; OR
-they sell the property to a 3rd party
60
What is required to prove the "knowing" element of receiving stolen property?
The ∆ must know the property is stolen when they receive it, which may be stablished through:
-the ∆'s direct personal observation of the goods being stolen; OR
-circumstantial evidence allowing for an interference of the ∆'s knowledge
61
What is required to prove the "intent to permanently deprive" element of receiving stolen property?
When ∆ takes property must have specific intent to keep (perm deprive) the owner of any interest in property
**same for larceny and robbery
62
What are the 2 requirements for proving the "conversion" element of embezzlement?
"Conversion" requires that the ∆ use property in their lawful possession in a way that is:
1. materially inconsistent w/ the terms agreed to w/ the owner;
2. a serious interference w/ the rights of the owner
63
What type of property is subject to embezzlement?
Tangible person property AND ins some jurisdictions real property
*property subject to embezzlement is broader than larceny
64
What is required to prove the "of another" element of embezzlement?
property in the ∆'s lawful possession must be owned by someone OTHER than the ∆
*if a co-owner of property misappropriates the jointly owned property, they are NOT guilty of embezzling form the other co-owner
65
What is required to move the "in lawful possession" element of embezzlement?
requires the ∆ to be in lawful possession of property in question
*this may be an employee or bailee entrusted w/ property for a specific purpose
66
What is required to prove the "w/ the intent to defraud" element of embezzlement?
The specific intent to keep the property, permanently depriving the owner of any interest in the property
*this definition is also the functional equivalent of the intent elements of robbery, larceny, and receiving stolen property
67
What are the 2 difference between embezzlement and larceny?
Embezzlement is different from larceny in that:
1. the ∆ is in LAWFUL possession of the property to begin with
-whereas larceny requires that the ∆ obtains WRONGFUL possession of it; AND
2. larceny requires the ∆ to take and carry away the property w/ intent to steal
-whereas embezzlement requires intentional conversion of the property
68
HYPO:
If a ∆ honestly (but mistakenly) believes they have a right to keep property in their lawful possession for repayment of a debt owed to them, will they be guilty of embezzlement?
NO
An honest belief in a claim of right does NOT constitute embezzlement
69
What are the 4 elements of burglary under most modern statutes?
1. enter (no breaking is required)
2. a structure (not required to be a dwelling)
3. of another
4. w/ the intent to commit a felony OR misdemeanor theft therein
*at CL - burglary could only be committed at night
70
What are the 2 ways of establishing "entry" under CL burglary?
A ∆ enters a dwelling if they either:
1. place any part of their body inside the structure, even if only for a moment OR
2. insert a tool or object inside IF they do so for the purpose of committing the felony therein, not just for accomplishing the entry itself
*it is also sufficient entry if a ∆ uses an innocent party to enter on their behalf, such as a child (this is considered "constructive" entry)
71
What is required to establish the "dwelling" element of burglary at CL?
= a structure used for sleeping purposes
*most modern statutes expand this element to include other types of structures/property
72
What is required to prove the "of another" element of burglary at CL?
structure must be used or occupied by someone else (not ∆) as a dwelling
73
What is required to prove the "With the intent to commit a felony therein" element of burglary at CL?
At the time the ∆ enters the swelling they must have the SPECIFIC "intent to commit a felony" inside
*this element is satisfied even if the ∆ does not actually succeed in committing a felony - as long as they had the intent to upon entering the dwelling
74
What is required to prove the "confinement" element of kidnapping?
Occurs when a person is forced, threatened, or somehow compelled to remain or go someplace against their wishes
*there is no confinement if the person has alternative routes to leave
75
What is required to prove the "Movement" element of kidnapping?
most courts only requires some amount of "moving" the victim, regardless of distance (ie, even the slightest movement is enough)
76
What is required to prove the "unlawful" element of false imprisonment?
Any sort of condiment is considered "unlawful" unless authorized by law or the confinee's consent
77
What is required to prove the "confinement" element of false imprisonment?
Occurs when a person is forced, threatened, or somehow compelled to remain or go someplace against their wishes
*no confinement if alternative routes to leave
78
What are the two requirements of the "valid consent" element of false imprisonment?
Valid consent requires both:
1. the capacity to consent (ie, no infancy, mental illness, or substantial cognitive impairment) AND
2. that it be given freely (ie, no coercion, threats, or deception used to obtain it)
79
What is required to prove the message rea of false imprisonment?
Generally - the ∆ must intend to confine the victim
**some courts and MPC only require that the ∆ "knowingly" restrain victim - meaning they are practically certain their conduct will cause restraint
80
What is required to prove the "unlawful" element of rape at common law?
Requires only that the victim be someone other than ∆'s wife
*at CL the crime of rape presumed wife consented to intercourse w/ husband during marital relationship
81
What is required to prove the "carnal knowledge" element of rape at CL?
Only requires ∆ to have had sexual intercourse w/ woman (who is not his wife)
82
What are 3 ways to prove "w/out consent" element of rape?
Under BOTH CL and modern statutory trends, rape requires the ∆ to accomplish the sexual act by:
1. threats of immediate bodily harm
2. actual force OR
3. the victim's incapacity to give consent
*in some situations, the use of fraud to obtain consent may constitute rape
83
What is the precaution's burden regarding the "non-consent" element of rape compared the the ∆'s burden, if any?
-as w/ any crime, prosecution must prove the element of non-consent beyond a reasonable doubt, meaning sufficient proof that victim did not, in fact, consent
-because non-consent is an element of the crime of rape, it is NEVER the ∆'s burden to prove consent as a defense
84
What is required to prove the mens rea of rape at CL?
At CL - rape did NOT require ∆ to be aware of victims non-consent; he only needed to intend to have sexual intercourse w/ victim
*CL treated rape more like a strike liability crime
85
What is required to prove the mens rea of rape unde the modern approach?
One of GENERAL intent - requiring that ∆ was AWARE they were acting against victim's will (ie, ∆ knew victim did not consent)
**most states allow a ∆ to claim mistake of fact as a defense to negate the non-consent element, if the ∆ reasonably believed the victim consented at time of intercourse
86
What is required to prove the "burning" element of arson at common law?
-"Burning" is the use of fire to consume a structure's material, which includes the building itself, not just fixtures inside
-there must at least be CHARRING; mere SCORCHING IS NOT ENOUGH
*most modern stats remove the boring requirement and only require starting a fire
87
What is required to prove the "dwelling" element of arson at common law?
a structure for sleeping purposes
*most expand now to other structures, including cars, and even some types of personal property
88
What is required to prove the "of another" element of arson under both common law and modern approaches?
Arson requires that the dwelling be either owned by or in rightful possession of another person (eg, a ∆ may be guilty of arson if they set fire to a house they own but is being legally occupied by another person)
*some modern statues allow arson to be committed against property that is not a swelling, as long as it is in rightful possession of another
89
What are 3 ways to prove the "malice" element of arson at CL?
If the ∆:
1. intended to burn the building
2. knew it would burn OR
3. recklessly disregarded an obvious risk that the building would burn
90
What are the 3 common statutory aggravated batteries?
Statutes enumerate specific acts as aggravated battery and punish them as felonies. Three common examples are:
1. battery using a deadly weapon
2. battery which caused serious bodily injury; AND
3. battery against a child, woman, or police officer
91
What is required to prove the "use of force" element of battery?
The ∆ may "use force" directly to indirectly against victim, meaning they may simply put forces in motion that cause the offensive touching/harm
92
What is required to prove the mens rea element of criminal battery?
Battery is a GENERAL INTENT CRIME - that requires NO MORE than criminal negligence
93
What is required to prove the "unlawful" element of battery?
the ∆'s "unlawful touching must be w/out the vic's consent or other legal authorization
*for example, a victim may consent to the touching by agreeing to a med procedure or to a group athletic activity
94
What is required to prove "attempted battery" form of assault?
An attempted battery occurs when the ∆ intends to use force against the victim (not merely to scare the vic)
*the intent to apply force is NECESSARY to the attempted battery form of assault, whereas simple battery requires only negligence
95
What is required to prove the "reasonable apprehension of imminent bodily harm" form of assault?
A ∆ commits assault if they intuitionally place the vic in fear of a battery, defined as the reasonable apprehension in the vic that she will experience immediate harm
**MERE WORDS NOT ENOUGH to establish that the ∆ intentionally placed the vic in fear of a battery
96
Which 2 aggravating factors elevate assault to aggravated assault?
Assault may become aggravated if the ∆:
1. uses a deadly weapon OR
2. intends to rape/murder
97
Is criminal assault a general or specific intent crime?
ASSAULT IS A SPECIFIC INTENT CRIME
98
What is required to prove the "falsity" element of forgery?
means that the writing represents itself as something it is not
*merely containing a false statement is NOT SUFFICIENT
99
What is required to prove the "making or altering" element of forgery?
Requires that ∆ either "make" (create) a legal instrument from scratch OR "materially alter" an existing doc in a way that affects a legal right
*forgery also occurs by inducing a 3rd party to sign a legal doc that the 3rd person DOES NOT REALIZE they are signing
100
What is required to prove the "intent to defraud" element of forgery?
the ∆ must have the specific "intent to defraud," even if the intended harm was no pecuniary or the ∆ did not actually succeed in defrauding anyone
101
What is required to prove the "destruction or damage" element of malicious mischief?
At a min, the ∆ must cause physical damage that materially diminishes the value of the property or imparts its utility
102
What is required to prove the mens rea element of malicious mischief?
the ∆ must have intended or contemplated the damage or destruction
103
What are the 2 ways the modern crime of bribery differs from common law?
Under modern statutes, the crime of bribery may:
1. be charged as a felony; AND
2. extend to non-public officials
*this includes figures such as professional athletes
104
What are the 2 ways the modern crime of perjury differs from common law?
Under modern statutes, the crime of perjury:
1. may be committed under oath in any context not merely judicial proceedings AND
2. must be about a material matter
105
Define "aggravated assault"
Occurs when the ∆ commits an assault w/ a deadly weapon OR w/ the intent to rape, maim, or murder the victim
106
Define "false imprisonment"
the unlawful condiment of a person w/out their consent
107
Define kidnapping at common law
the unlawful restraint, condiment or moving of a victim w/out legal authority
108
Define the crime of "receiving stolen property"
Occurs when the ∆ receives possession and control of stolen property knowing that it was obtained in an unlawful manner by another w/ the intent to permanently deprive the owner of their property
109
Define forgery
Requires the creating or altering a written doc w/ purported legal significance, w/ the intent to defraud
110
Define common law larceny
The trespassory taking and carrying away of the tangible personal property of another w/ the intent to permanently deprive the owner thereof
111
For larceny, when is the intent to permanently deprive established?
The intent to permanently deprive must exist at the time of the taking
**if, at the time of the taking, the ∆ intends to return the property to the vic unconditionally and w/in a reasonable time, there is no intent to permanently deprive
112
Define extortion generally
Obtaining property through threats of future harm or exposing information
113
Define larceny by trick
arises when ∆ obtains possession of personal property of another by misrepresentation or deception
114
Define "false pretenses"
arises when ∆ obtain title to the property of another by making false representation of a past or present fact w/ the intent to defraud
115
Does commercial puffery give rise to false pretenses?
NO.
Generally, commercial puffery does NOT give rise to false pretenses
The false representation must be on of fact as opposed to opinion
116
Define embezzlement
the fraudulent conversion or misappropriation of property of another by one who is already in lawful possession
117
When may a ∆ be held substantively liable as an accomplice?
For a jury to convict a ∆ of a substantive crime as an accomplice, the accomplice must have acted with:
1. the intent to assist the principal in the commission of the crime; AND
2. the intent that the principal succeed in committing the offense charged
118
Define CL rape
the act of unlawful sexual intercourse of a woman by a man (not husband) w/out her consent
119
Modern statutes have expanded the definition of CL rape in what two ways?
1. include marital rape AND
2. make the gender of the vic and perp irrelevant
*many jurisdictions' rape statutes have also been expanded to include ANY type of sexual penetration and limit the amount of victim resistance required
120
Under what circumstances will a court find a victim incapable of consenting to intercourse?
1. there is force or threat of immediate bodily harm
2. there is an inability to consent due to the effects of drugs or intoxicating substances or by unconsciousness OR
3. the victim is fraudulently caused to believe the act is not intercourse
*if the victim is incapable of consenting, the intercourse is rape
