Property Offenses

Question 1

Larceny*

Answer 1

• Wrongful taking (obtaining control)
• And carrying away (asportation)
• Of tangible personal property (excluding realty, services, and intangibles, but including written instruments embodying intangible rights such as stock certificates)
• Of another with possession
• By trespass (without consent or by consent induced by fraud)
• With intent to permanently deprive that person of their interest in the property

Slightest movement of property is enough

Intent to deprive owner must exist at time of taking

If a person wrongfully takes without intent to steal but keeps it = Larceny under thoery of continuing trespass

Not Larceny = Taking property in the belief you have right to it

Unreasonable mistake of fact = Defense

Question 2

Embezzlement

Answer 2

Fraudulent conversion of personal property of another
* The fraudulent
* Conversion (that is, dealing with the property in a manner inconsistent with the arrangement by which defendant has possession)
* Of personal property
* Of another
* By a person in lawful possession of that property

Lawful possession followed by an illegal conversion
* A trustee is often the embezzler.
* A person does not have to carry away to be an embezzler—just the possession of the property is required.
* The embezzler does not have to get the benefit.
* If D intended to restore the exact property taken, it is NOT embezzlement. But if D intended to restore similar or substantially identical property, it is embezzlement, even if it was money that was initially taken and other money of identical value that he intended to return.

Question 3

False Pretenses (False Representation)

Answer 3

Obtaining title to personal property of another by intentional false statement
* Obtaining title
* To personal property of another
* By an intentional false statement of a past or existing fact
* With intent to defraud the other

Can’t be a false promise to do something in the future

Larceny by Trick: Obtaining only possession of property

Question 4

Robbery*

Answer 4

Taking of personal property of another from the other’s person or presence by force or threat with intent to permanently deprive
* A taking
* Of personal property of another
* From the other’s person or presence (including anywhere in their vicinity)
* By force or threats of immediate death or physical injury (different than larceny) to the victim, a family member, or some person in the victim’s presence
* With the intent to permanently deprive them of it

The presence requirement is very broadly drawn and would even cover a farmer tied up in his barn while the robber took things from his house.

As for taking either by force or threat, actions such as ripping a necklace from a person’s neck are sufficient.

The threat must be a threat of imminent harm.

A simulated deadly weapon is enough

Question 5

Extortion

Answer 5

Knowingly seeking to obtain property or services by means of future threat
* Extortion differs from robbery because in extortion the threats may be of future harm and the taking does not have to be in the presence of the victim.

Question 6

Forgery

Answer 6

Making or altering a false writing with intent to defraud
* Making or altering (by drafting, adding, or deleting)
* A writing with apparent legal significance (for example, a contract, not a painting)
* So that it is false; that is, representing that it is something that it is not, not merely containing a misrepresentation (for example, a fake warehouse receipt, but not an inaccurate real warehouse receipt)
* With intent to defraud (although no one need actually have been defrauded)

Question 7

Burglary

Answer 7

Breaking and entering the dwelling of another at night with intent to commit a felony therein
* A breaking (creating or enlarging an opening by at least minimal force, fraud, or intimidation; if defendant had the resident’s consent to enter, the entry is not a breaking)
* And entry (placing any portion of the body or any instrument used to commit the crime into the structure)
* Of a dwelling (a structure used with regularity for sleeping purposes, even if used for other purposes such as conducting a business) (Common Law = Not Barn)
* Of another (ownership is irrelevant; occupancy by someone other than the defendant is all that is required)
* At nighttime
* With the intent to commit a felony in the structure (felony need not be carried out to constitute burglary) (Need intent at the time of the breaking and entering)

Actual Breaking:
* It is not an actual breaking for a person to come uninvited through a wide open door or window. If it is wide open, there is no breaking. But if a person pushes open an interior door to another room (for example, the bedroom or living room), then a breaking exists.

Constructive Breaking ★
* A constructive breaking is a breaking by fraud or threat.
* Ex: Petsitter has keys, but goes in house at other time

Will breaks into Sue’s house at night because he wants to kill her. Sue, however, is not home at the time. Will leaves the house without taking anything. Can Will be properly charged and convicted of burglary? YES (there was intent to commit the felony of murder. Don’t need to steal anything)

Question 8

Arson

Answer 8

Malicious burning of dwelling of another
* The malicious (that is, intentional or with reckless disregard of an obvious risk)
* Burning (requiring some damage to the structure caused by fire)
* Of the dwelling (not barn or commercial structure)
* Of another

Malice Crime (Reckless disregard of obvious risk) = No Specific Intent Required
* Only applies to burning (not smoke damage)
* Scorching = Insufficient
* Charring = Sufficient