Property Offenses Flashcards
(25 cards)
Larceny
a wrongful taking of another’s property by trespass with intent to permanently deprive.
The intent to permanently deprive someone of their property must exist when in order to be found guilty of larceny?
at the time of the taking
Where someone takes property without the intent to permanently deprive, and later decides to keep it, what are they guilty of?
common law larceny
Is taking property in the belief that it belongs to you larceny?
No
Embezzlement
the fraudulent conversion of property of another which the embezzler already had possession of.
Who is the most common form of embezzler?
a trustee of a trust
Must an embezzler receive the benefit of the embezzled property in order to be guilty of embezzlement?
no
False Pretenses
the defendant persuades the owner of property to convey title by false pretense.
A false promise to do something in the _________ is not enough to be guilty of false pretenses.
future
Robbery
the taking of personal property of another from the other person’s presence, by force or threat with the intent to permanently deprive him of it.
Extortion
knowingly seeking to obtain property or services by means of a future threat.
Forgery
the making or altering of a false writing with intent to defraud.
What kinds of writing are subject to forgery?
any writing that has apparent legal significance.
Burglary
breaking and entering a dwelling of another at night with the intent to commit a felony therein.
Must there be actual physical damage for there to be a “breaking” and entering?
No, it can be actual or constructive.
Actual Breakings
where someone forces their way into a dwelling, whether through simply pushing open a door or smashing a window.
Constructive Breaking
a breaking by fraud or threat.
What kind of structures can be broken into?
dwellings. Barns and commercial buildings cannot be broken into
When must the intent to commit a felony be present?
at the time of the break in, not after.
Arson
a malicious burning of the dwelling of another.
_______________ is insufficient for a finding of arson, but _______________ is sufficient.
scorching; charring
Can one be guilty of arson by burning down another’s barn?
No, because it must be a dwelling.
Can one be guilty of arson for burning down one’s own home?
No, at CL it had to be someone else’s home.
Receipt of Stolen Property
receiving possession and control of stolen personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of the interest in it.
