Property Offenses Flashcards
(12 cards)
What are the components of larceny?
A taking, carrying away, of the personal property of another, by trespass, with intent to permanently deprive
The carrying away requirement is satisfied by even a slight movement (e.g., inches).
What is the intent required for larceny?
Intent to permanently deprive the owner of their property must be present at the time of the taking.
What constitutes embezzlement?
The fraudulent conversion, by a person in lawful possession, of the personal property of another, with intent to defraud
Custody of the property is insufficient — the defendant must be in lawful possession for it to constitute embezzlement.
True or False: A person can commit embezzlement if they intend to restore the property taken.
False
What are the elements of false pretenses?
Obtaining title, to the personal property of another, by an intentional false representation, with intent to defraud
The victim must rely upon the false representation, and that reliance must cause the victim to pass title to the defendant.
What distinguishes larceny by trick from false pretenses?
Larceny by trick occurs when the defendant obtains possession or custody of the victim’s property, not title.
What are the components of robbery?
A taking and carrying away, of the personal property of another, from the other’s person or presence, by force or threat of force, with intent to permanently deprive.
What must the property be at the time of receipt in receipt of stolen property?
The property must be stolen property at the time the defendant receives it.
What are the elements of common law burglary?
A breaking, and entry, of the dwelling of another, at nighttime, with intent to commit a felony
A breaking exists if the defendant creates or expands an opening by at least minimal force, fraud, or intimidation.
What is required for ‘entry’ in a burglary charge?
Entry exists if the defendant places any portion of his body or an instrument used to commit the crime into the structure.
What constitutes common law arson?
The malicious burning of the dwelling of another, causing damage to the structure
The fire must cause damage; lighting a couch on fire in a house is not sufficient if there is no damage to the structure.
can a suspect be charged with multiple property offenses arising from the same incident?
No, generally a suspect can only be charged with one offense (i.e. larceny = lesser included offense of robbery so if S’s actions constitute larceny & robbery S will only be charged with robbery)
