Property Crimes

Question 1

What are the general property crimes?

Answer 1

Larceny
embezzlement
false pretenses
robbery
extortion
burglary
arson
possession
receipt of stolen goods

Question 1

What are the elements of larceny?

Answer 1

(i) taking of another’s personal property
(ii) by trespass
(ii) with the intent to permanently deprive that person of the property

Grand larceny applies for theft of goods valued over $1000 (unless taken from another’s person, then it applies if valued over $5)

Question 2

What are the elements of embezzlement?

Answer 2

• Fraudulent
• Use, concealment, or disposal
• Of property (tangible or intangible)
• Of another
• (i) Received for another person or for one’s employer; (ii) received by virtue of one’s office or employment; or (iii) otherwise entrusted

Question 3

What are the elements of false pretenses?

Answer 3

• Obtaining property subject to larceny
• By any false pretense
• With the intent to defraud
• Both title and possession must pass

Question 4

What are the elements of robbery?

Answer 4

• Taking
• With intent to steal
• The personal property of another
• From his person or in his presence
• Against his will
• By violence or intimidation

Question 5

What are the elements of extortion?

Answer 5

• Taking money or property from another by threat
• Property need not be on person or in presence of victim
• Threat need not be physical or of immediate harm

Applicable threats: (i) injury to the character, person, or property of another; (ii) accusing another of any offense; (iii) threatening to report another as being illegally present in the U.S.; or (iv) knowingly destroying or withholding, or threatening to withhold, another’s passport or identification document

Question 6

What are the elements of common law burglary?

Answer 6

o Breaking and entering
o A dwelling
o Of another
o At nighttime
o With specific intent to commit a felony or larceny therein
o A deadly weapon raises offense to Class 2 felony

Question 7

What are the elements of statutory burglary?

Answer 7

o (i) Entering without breaking at night or (ii) breaking and entering in the daytime, or (iii) entering and concealing oneself,
o In a dwelling or adjoining occupied structure,
o With the intent to commit a crime:
**Murder, rape, robbery, or arson (higher punishment range),
**Larceny or another felony (lower punishment range), or
**Misdemeanor (except assault or battery) (lowest punishment range)

Question 8

What are the elements of arson?

Answer 8

• Malicious burning
• Of the dwelling
• Of another
• VA—arson includes the malicious burning of an occupied or unoccupied meeting house, building, personal property, standing grain, or other crop

Question 9

What are the elements of possession crimes?

Answer 9

knowingly or intentionally possessing, and exercising control over, a prohibited object or substance

D not required to be aware that possession of the object or substance is illegal

Question 10

What are the elements of receipt of stolen goods crime?

Answer 10

receiving control of stolen property with knowledge that it is stolen, and with intent to permanently deprive rightful owner