Property crimes Flashcards
(20 cards)
C/L Property
Tangible personal property (not real property) –> protected by larceny
MPC Property
Anything of value
Larceny (C/L) Actus Reus
A wrongful (trespassory) taking and carrying away of property from the possession of the owner, without the consent of the owner
Larceny (C/L) Mens Rea
Intent to convert it or deprive the possessor of the property permanently
Larceny Exceptions (2)
- Intangibles cannot give rise to larceny
- Documents and instruments w/o value in themselves cannot be subject to larceny
- Traditionally not services
Larceny for Bailees: Breaking Bulk
When goods were shipped together by a bailee, their taking any part of the shipment constituted this trespassory taking
Larceny for Bailees: Breaking Bale
- When goods were shipped in packaging, the package was the bale, opening the packaging to remove the contents constituted this trespassory taking
- Taking an entire bale without breaking it open would NOT constitute larceny
Embezzlement (C/L) Actus Reus
Person fraudulently converted the property of another person while in lawful possession of that property.
Embezzlement (C/L) Mens Rea
Depends on statute.
Ex. Intent to convert the property for his/her own use OR deprive the owner of the property permanently
DIfferent from LARCENY: here, person already has lawful possession of the property → misappropriates it
“Conversion”
Deals with property in a way inconsistent with the trust arrangement
* Ex. Trustee who siphons off money
* Ex. Attorney taking money from client trust account
Theft by False Pretenses (C/L)
Person knowingly misrepresents material facts to defraud another person into giving them title to that person’s property
* Ex. defrauding another person to give title to a car or some item that has title
Theft by False Pretenses: Caveats (3)
- 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 spent it only for a particular purpose
- Fraud must be major factor (or sole cause) of victim giving title to the D
Larceny by Trick (C/L)
Person gains possession/custody of (not TITLE to) property by means of fraud or false pretenses.
* Ex. actor poses as a valet, takes customer’s keys, and drives away with it not intending to return it.
Larceny by Trick: Mens Rea
Knowingly misrepresenting a material fact to defraud the other person into giving custody.
Larceny vs. Embezzlement
- Embezzlement: actor possessed property lawfully and then converted it fraudulently
- Larceny: actor wrongfully took property in possession of another
False Pretenses vs. Larceny by Trick
Title vs. custody
Person defrauds another into giving…
Receiving Stolen Property (C/L): Actus Reus + Mens Rea
- Person gains control over property by believing it was obtained criminally
- Intending to deprive owner of their interest in it permanently
Doesn’t apply if property wasn’t actually stolen –> ATTEMPTED receipt of stolen property.
MPC presumes knowledge in some cases
Robbery (C/L)
- Wrongful taking and carrying away of personal property in the possession of another person, through the use or threat of violence or force
- Intent to convert it or permanently deprive the possessor of the property.
Aggravated larceny: taking accomplished by force/threat of force
Carjacking (C/L)
Aggravated form of robbery: victim’s car is taken by force or fear
Burglary (C/L)
- Person broke and entered into another person’s dwelling at night with SPECIFIC INTENT to commit a felony inside
- REQUIREMENT: “Breaking”
- Can be minimal, like pushing open an already partially opened door.
