Flashcards in Other Crimes Deck (36):
(move your stuff with intent to steal)
trespassory taking or carrying away
of the personal property of another
with intent to permanently deprive
even moving an inch with the intent to permanently deprive, you're guilty of
ASK how Jon get the object? For larceny, what must it be?
if I took the watch to check time, am I guilty of larceny?
if I move it wanting to steal it, then I get jewish guilt and put it back, am I guilty of larceny?
Yes. Once there is combo of movement or intent, I am guilty of larceny, doesn't matter what
continuing trespass exception
weird hypo that says I took something not wanting to steal it-- I took it to borrow it, without your permission, like a wrongful taking -- later, I decide to
steal it, that will technically be called LARCENY
breaking and entering the dwelling house of another at nighttime with the intent to commit a felony;
breaking into a gas station, or office? burglary?
nope, not a dwelling house unless someone lives there
own home? burglary?
nope, can't burglarize your own home
if I did NOT want to commit the felony at the moment I broke in, then
It's NOT burglary
IF BREAKING IN occurs by fraud or force --
(put a gun to your head to get me in to your house)
I can also be guilty of burglary even if I did not pick the lock.
trespassory taking of personal prop of another by force, intimidation or fear.
if I run up behind you at the mall, and I grab your purse and I run away, and as you turn and you
see me with a knife
NOT robbery; you didn't know that I had a knife
For robbery -- HOW did I get it?
Because of fear, intimidation or force.
can you be guilty of both larceny and robbery?
nope! Larceny merges into robbery.
ASSAULT -- two types
(1) intent to commit a battery
(2) intent to place another in imminent fear or harm -- some conduct needed, words not enough
Larceny by Trick:
I obtain possession of your prop by a FALSE statement/lie. I lie to you and because of it, you gave
it to me.
rmr, you have POSSESSION
I obtain TITLE of your stuff.
how will I know I have title?
piece of paper referring to ownership, but other commonly tested way
is money-- a fraudulent sale, fake transaction, sell you a fake rolex, some kind of transaction for
money, if I get cash for you for the lie,
when in doubt, unless you see in facts that refers to title or a transaction, it's
larceny by trick
Embezzlement: -- how did I get it?
you gave it to me
Embezzlement - def
you GAVE me LAWFUL possession
then I converted it to my own use
go to the pawnshop and give him a ring, he's supposed to hold it for x period of time;
converted it for himself -- key is, how did he get your stuff?
gave it to him lawfully
RECEIVING STOLEN PROP:
(a) physical possession of stolen prop
(b) know it's stolen and intent to keep it
fradulently making a false doc (money?)
that has legal significance (sometimes this element is tested--must have worth by itself)
and the intent to make wrongful use of it
basic def --
the intent to achieve the crime and we aid,
abet or encourage someone in the accomplishing of the crime. (ex: drive you to bank, stand
outside and be a guard)
If you actually commit the robbery, or burglary, then jon will be guilty of that crime itself; if you're a
driver, youre still guilty even if you never step foot into bank.
exception: accessory before the fact
help you aid or abet, but not present at scene of the crime -- NOT
present at scene (not driving, not guard) so maybe a hacker etc, you're an accessory before the
fact -- won't be guilty of the underlying crime
accessory after the fact:
a felony is completed
I know that the crime has been completed
and I give help to you to prevent you from getting caught or convicted (helping you get away with
General Intent Crime:
no mental state necessary, all I need is the act; never pick an answer
worried about inten
unlawful application of force
to another person
(general intent: contact)
how to keep tort batt and crim batt separate?
tort v crim law -- liable for damages: doing tort; charged or arrested for battery etc: then criminal
malicious (reckless = knew or should've known the burning could occur)
of the dwelling of another
*prop doesn't have to burn to the ground; charring is enough.
Can I burn my own house for arson?
nope, it's the dwelling of another
General intent (no intent necessary)
unlawful sexual intercourse by a male with a female without consent
unlawful restraint of a person's freedom by force; statute now allow movement to another location
no specific intent is necessary