Property Crimes Flashcards
(14 cards)
Larceny
(1) A taking (2) and carrying away (3) of tangible personal property (4) of another (5) by trespass (6) with the intent to permanently deprive the person of his interest in the property [getting custody]
Continuing Trespass
When D wrongfully takes property as a trespass but does not intend to keep it, but later forms the intent to keep it, D’s taking is a continuing trespass and he is guilty of larceny
Embezzlement
(1) The fraudulent (2) conversion (3) of property (4) of another (5) by a person in lawful possession of that property [getting possession]
Intent to restore negates fraudulent intent
False Pretenses
(1) Obtaining TITLE (2) to the property of another (3) by a knowing false statement of past or existing fact (4) with intent to defraud the other [getting ownership]
Larceny by Trick
Obtaining custody or possession of (NOT title to) the personal property of another by an intentional false statement of past or existing fact with the intent to defraud the other
Robbery
(1) A taking (2) of the personal property (3) of another (4) from the other’s person or presence (5) by force or threats of immediate death or physical injury (5) with the intent to permanently deprive him of it
Extortion (Blackmail)
Obtaining property from another by means of certain oral or written threats
Receipt of Stolen Property
(1) receiving possession and control (2) of stolen personal property (3) known to have been obtained criminally (4) by another person (5) with the intent to permanently deprive the owner of his interest in the property
Forgery
Making or altering of a false writing with teh intent to defraud (uttering a forged instrument is also an offense)
Malicious Mischief
Malicious destruction of or damage to property of another
Burglary
(1) A breaking (2) and entering (3) of the dwelling (4) of another (5) during the nighttime (6) with the intent of committing a felony therein
Burglary - breaking and entering
Minimal force sufficient (landlord having keys and opening locked door during night is sufficient); constructive breaking also sufficient (gaining entry by fraud); sending an object in counts as entering
Burglary - intent to commit a felony therein
Intent must be present at the time of entry, not after already in the house; not necessary that felony be carried out
Arson
Malicious burning (FIRE) of the DWELLING of another (not shit in your house, your house has to be damaged–CHARRED not just scorched)