Property Crimes

Question 1

Larceny

Answer 1

Common Law

Wrongful (trespassory) taking and carrying away of personal property in the possession of another person, without consent, with THE INTENT to convert it or deprive the possessor of the property permanently.

For larceny the acquisition of personal property has to be capable of being possessed and of some value

Question 2

Embezzlement

Answer 2

Fraudulently converting property of another person while in lawful possession of that property. (have to be entrusted with the property)

Question 3

False Pretenses

Answer 3

Knowingly misrepresenting material facts to defraud another person into giving him or her title to that person’s property

Traditional examples of false pretenses are defrauding another person to give title to a car or some item that has title.

However, if a person defrauds another into giving money—one can have ownership (title) to money.

Title to cash does not pass if the person is to spend it only for a particular purpose.

The fraud must be the major factor (or sole cause) of the victim giving title to the
defendant.

Question 3

Larceny by Trick

Answer 3

Gaining possession of, but not title to, property by means of fraud or false pretenses. Needed proof of intent to act fraudulently from the beginning when the property taken

Question 4

Receiving Stolen Property

Answer 4

Gaining control over property knowing that it was stolen, intending to deprive the owner of his or her interest in it permanently—did not apply if the property not actually stolen (but if the person believed it to be stolen, likely guilty of attempted receipt of stolen property).

MPC Expansion to apply if defendant believed that the property was probably stolen.
Includes a presumption that the person knew property was stolen if Found in possession of property stolen from two or more people on separate occasions;
Received stolen property in another transaction within the last year; or
Is a dealer in the property of this sort and knows he is getting it for far less than the
reasonable value.

Question 5

Robbery

Answer 5

Common Law: Wrongful taking and carrying away of personal property in the possession of another person, through the use or threat of violence or force, with the intent to convert it or deprive the possessor of the property permanently

MPC does not require “in the presence of the victim if in the course of committing a theft if the actor inflicts serious bodily injury upon another or threatens another with or purposely puts him in fear of immediate serious bodily injury or commits or threatens immediately to commit any felony of the first or second degree.”

Question 6

Carjacking

Answer 6

Aggravated form of robbery—a robbery where the victim’s car is taken by force or fear

Question 7

Burglary

Answer 7

Common Law: Breaking and entering into another person’s dwelling at night with the specific intent to commit a felony inside.
“Breaking” is required, but that can be minimal. (E.g., pushing open an already partially opened door or forcing someone else to open a door).

MPC requires that a person enter a building or occupied structure with the purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter.

Question 8

Larceny v. Embezzlement

Answer 8

Embezzlement when an actor possessed property lawfully but converted it fraudulently; larceny when an actor wrongfully took property in the possession of another

Question 9

False Pretenses v. larceny by trick

Answer 9

At common law, when a person knowingly misrepresents material facts to defraud another person into giving him or her title to that person’s property that is false pretenses, where if it is just custody it is larceny by trick

Question 10

MPC Theft by Unlawful Taking or Disposition

Answer 10

Moveable Property: person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof

Immovable Property: A person is guilty of theft if he unlawfully transfers immovable property of another or any interest therein with purpose to benefit himself or another not entitled thereto

Question 11

MPC § 223.3 Theft by Deception

Answer 11

A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
1. creates or reinforces a false impression; or
2. prevents another from acquiring information which would affect his judgment of a
transaction; or
3. fails to correct a false impression which the deceiver previously created or reinforced; or
4. fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property.

The term “deceive” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.