Property Crime: COMMON LAW THEFT CRIMES

Question 1

CL Larceny

- 7 elements

Answer 1

1- TRESPASSORY- wrongful or unlawful

2- TAKING (and)

3- CARRYING AWAY (the) - the property must be moved; asportation

4- PERSONAL PROPERTY

5- of ANOTHER (with the) - someone with lawful custody

6- INTENT (to)

7- PERMANENTLY RETAIN the property

Question 2

CL Larceny- “Erroneous Takings Rule”

Answer 2

A taking under a CLAIM OF RIGHT is NEVER LARCENY, even if the D erroneously believes the property is his.

Question 3

CL Larceny– The Continuing Trespass Rule

Answer 3

If a D wrongfully takes property, but WITHOUT THE INTENT TO STEAL, he will not be guilty of larceny. BUT if the D LATER FORMS THE INTENT TO STEAL, the initial trespassory taking is considered to have “CONTINUED” and he WILL be guilty of larceny

Question 4

CL Embezzlement

• Definition
• Mental State
• Key difference from larceny

Answer 4

DEF- conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.

MENTAL STATE- SPECIFIC INTENT to defraud

KEY DIFF FROM LARCENY- D must already have lawful possession of the property before a taking can be considered embezzlement

NOTE: possession involves more than mere custody. It requires the authority to exercise some discretion over the property.

Question 5

CL False Pretenses

• Def
• Key diff from larceny

Answer 5

DEF- obtaining TITLE to the personal property of another by an intentional statement of a present or past event with the SPECIFIC INTENT TO DEFRAUD

KEY DIFF FROM LARCENY- In larceny, D gets only custody of the property; in false pretenses, the D gets TITLE

Question 6

CL Robbery

HINT: CL Larceny + 2

Answer 6

• larceny
• from another’s PERSON or PRESENCE
• by FORCE or THREAT of immediate injury

NOTE:

• Mental State- specific intent to steal
• presence = some location reasonably close to the victim
• force = any amount sufficient to overcome resistance
• threat must be of immediate injury; if its future injury then the crime is extortion/blackmail

Question 7

Pickpocketing is . . .

Answer 7

ALWAYS LARCENY

Question 8

CL Forgery

• def
• mental state

Answer 8

• MAKING or ALTERING
• a writing
• so that it is FALSE
• with the INTENT TO DEFRAUD (mental state)