Property Flashcards
(14 cards)
Larceny
A taking (obtaining control)
* And carrying away (asportation)
* Of tangible personal property (excluding realty, services, and intangibles, but including written instruments embodying intangible rights such as stock certificates)
* Of another with possession
* By trespass (without consent or by consent induced by fraud)
* With intent to permanently deprive that person of their interest in the property
Embezzlement
- The fraudulent
- Conversion (that is, dealing with the property in a manner inconsistent with the arrangement by which defendant has possession)
- Of personal property
- Of another
- By a person in lawful possession of that property
FALSE PRETENSES
- Obtaining title
- To personal property of another
- By an intentional false statement of a past or existing fact
- With intent to defraud the other
Robbery
- A taking
- Of personal property of another
- From the other’s person or presence (including anywhere in their vicinity)
- By force or threats of immediate death or physical injury to the victim, a family member, or some person in the victim’s presence
- With the intent to permanently deprive them of it
Extortion
- corrupt collection of an unlawful fee by an officer under color of office.
- Under modern statutes, extortion (blackmail) often consists of obtaining property by means of threats to do harm or to expose information
Receipt of stolen property
- Receiving possession and control
- Of “stolen” personal property
- Known to have been obtained in a manner constituting a criminal offense
- By another person
- With the intent to permanently deprive the owner of their interest in it
Forgery
- Making or altering (by drafting, adding, or deleting)
- A writing with apparent legal significance (for example, a contract, not a painting)
- So that it is false; that is, representing that it is something that it is not, not merely containing a misrepresentation (for example, a fake warehouse receipt, but not an inaccurate real warehouse receipt)
- With intent to defraud (although no one need actually have been defrauded)
Uttering a forged instrument consists of:
(1) offering as genuine;
(2) an instrument that may be the subject of forgery and is false;
(3) with intent to defraud.
Common law burglary consists of:
- A breaking (creating or enlarging an opening by at least minimal force, fraud, or intimidation; if defendant had the resident’s consent to enter, the entry is not a breaking)
- And entry (placing any portion of the body or any instrument used to commit the crime into the structure)
- Of a dwelling (a structure used with regularity for sleeping purposes, even if used for other purposes such as conducting a business)
- Of another (ownership is irrelevant; occupancy by someone other than the defendant is all that is required)
- At nighttime
- With the intent to commit a felony in the structure (felony need not be carried out to constitute burglary)
Constructive Breaking
breaking by fraud or threat
Entering
occurs when any part of the body crosses into the structure.
Dwelling
cannot be a barn or a commercial structure.
Arson
- The malicious (that is, intentional or with reckless disregard of an obvious risk)
- Burning (requiring some damage to the structure caused by fire)
- Of the dwelling
- Of another
- no specific intent required
- acting with reckless disregard of obvious risk
The common law misdemeanor of houseburning consisted of:
(1) a malicious; (2) burning; (3) of one’s own dwelling; (4) if the structure is situated either in a city or town, or so near to other houses as to create a danger to them.
