Property Offenses Flashcards
(19 cards)
What are the elements of larceny?
- A taking
- And carrying away (asportation)
- Of tangible personal property
- Of another with possession
- By trespass (without consent)
- With intent to permanently deprive that person of their interest in the property
Is it larceny when D wrongfully takes property WITHOUT the intent to permanently deprive then LATER decides to keep the property?
Yes (Continuing Trespass)
Is it larceny when D takes the property (non-wrongfully; e.g., thinking it was theirs) and then later decides to keep it?
No.
Is there a mistake of law defense to larceny?
Is there a mistake of fact defense to larceny?
What about unreasonable mistake of fact?
No.
Yes.
Yes. Because it is a specific intent crime
What are the elements of embezzlement?
- The fraudulent
- Conversion (dealing with the property in a manner inconsistent with the arrangement by which D has possession)
- Of personal property
- Of another
- By a person in lawful possession of that property
Who is usually the embezzler on the bar exam?
A trustee
To be guilty of embezzlement, does the trustee have to get the benefit of the alleged embezzlement?
No
What are the elements of false pretenses?
- Obtaining title (not mere possession)
- To personal property of another
- By an intentional false statement of a past or existing fact (NOT FUTURE)
- With intent to defraud the other
How is false pretenses different than “larceny by trick?”
Larceny - tricked into giving up mere possession
FP - tricked into giving up title
What are the elements of robbery?
- 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 to the victim, a family member, or some person in the victim’s presence
- With the intent to permanently deprive them of it
How does robbery differ from larceny?
Robbery requires that D use force or threats to obtain property
Is pickpocketing robbery?
Is it larceny?
No, no force!
Yes
For robbery, must the threat be of imminent harm?
Yes, future harm will not suffice
What is extortion?
extortion (blackmail) often consists of obtaining property by means of threats to do harm or to expose information
How does robbery differ from extortion?
in extortion the threats may be of future harm and the taking does not have to be in the presence of the victim.
What are the elements of forgery?
- Making or altering
- A writing with apparent legal significance (K, 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
What are the elements of burglary?
- 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) - 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)
What are the elements of arson?
- 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
- Of another
What damage is required by arson?
Insufficient = blackening by smoke, discoloration by heat (scorching)
Sufficient = charring, burning down
