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Flashcards in Other Crimes Deck (36):
1

Larceny

(move your stuff with intent to steal)

trespassory taking or carrying away
of the personal property of another
with intent to permanently deprive

2

even moving an inch with the intent to permanently deprive, you're guilty of

larceny

3

ASK how Jon get the object? For larceny, what must it be?

TOOK it

4

if I took the watch to check time, am I guilty of larceny?

nope

5

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
happens afterwards

6

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

7

BURGLARY:

breaking and entering the dwelling house of another at nighttime with the intent to commit a felony;
any enlarg

8

breaking into a gas station, or office? burglary?

nope, not a dwelling house unless someone lives there

9

own home? burglary?

nope, can't burglarize your own home

10

if I did NOT want to commit the felony at the moment I broke in, then

It's NOT burglary

11

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.

12

Robbery:

trespassory taking of personal prop of another by force, intimidation or fear.

13

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

14

For robbery -- HOW did I get it?

Because of fear, intimidation or force.

15

can you be guilty of both larceny and robbery?

nope! Larceny merges into robbery.

16

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

17

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

18

False Pretenses:

I obtain TITLE of your stuff.

19

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,

20

when in doubt, unless you see in facts that refers to title or a transaction, it's

larceny by trick

21

Embezzlement: -- how did I get it?

you gave it to me

22

Embezzlement - def

you GAVE me LAWFUL possession
then I converted it to my own use

23

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

24

RECEIVING STOLEN PROP:

(a) physical possession of stolen prop
(b) know it's stolen and intent to keep it

25

Forgery:

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

26

Accomplice Liab:

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.

27

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

28

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
it)

29

General Intent Crime:

no mental state necessary, all I need is the act; never pick an answer
worried about inten

30

BATTERY:

unlawful application of force
to another person
(general intent: contact)

31

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
law

32

Arson:

malicious (reckless = knew or should've known the burning could occur)
burning
of the dwelling of another


*prop doesn't have to burn to the ground; charring is enough.

33

Can I burn my own house for arson?

nope, it's the dwelling of another

34

RAPE:

General intent (no intent necessary)
unlawful sexual intercourse by a male with a female without consent

35

Kidnapping:

unlawful restraint of a person's freedom by force; statute now allow movement to another location
no specific intent is necessary

36

invol and vol manslaughter are what type of crimes?

general intent