Stealing

Question 1

What is the Common Law definition of Larceny?

Answer 1

The wrongful or fraudulent taking and carrying away (asportation) of personal goods of some intrinsic value, belonging to another, without their assent, and with the intention to deprive the owner thereof permanently.

Question 2

Front: What are the two main categories of Larceny based on value/circumstance, and what makes them felonies or misdemeanors?

Answer 2

Grand Larceny (Felony):
* Taking $5 or more from the person.
* Taking $1000 or more not from the person.
* Taking a firearm (regardless of value or location).

Petit Larceny (Misdemeanor):
* All other larceny (less than $5 from the person OR less than $1000 not from the person).

Question 3

What are the essential elements of Larceny?

Answer 3

Taking (Caption): Gaining dominion and control.
Carrying Away (Asportation): Any movement, however slight.
Personal Goods: Tangible personal property with some intrinsic value.
Of Another: Property must belong to someone else (or they have legal possession).
Without Consent: No permission from the owner (consent obtained by trickery is still “without consent”).
Intent to Permanently Deprive: Intent to keep the property permanently at the time of taking.

Question 4

What does “from the person” mean in the context of Grand Larceny?

Answer 4

Taking property directly from the physical person of the victim or from their immediate possession, custody, and control (within their “grabbing range”). This category exists primarily to protect against potential violence.

Question 5

If someone’s intent isn’t clear when they move property, what is generally assumed?

Answer 5

If the reason for taking/moving property is unknown, a wrongful intent (intent to steal) is generally assumed.

Question 6

What is the difference between Larceny by Stealth and Larceny by Trick?

Answer 6

Both fall under the general category of Larceny.

Larceny by Stealth: Secretly taking property.
Larceny by Trick: Using deceit or falsehood to gain possession (not title/ownership) of property.

Question 7

How does “Unauthorized Use” relate to Larceny?

Answer 7

When consent for temporary possession expires (e.g., keeping a borrowed item past the agreed time), possession constructively returns to the owner. Violating the owner’s possessory right after consent expires can constitute a trespassory taking, fulfilling an element of Larceny. See also: Separate “Unauthorized Use” statute.

Question 8

Can someone commit larceny if they use an innocent third party to move the stolen item?

Answer 8

Yes. If the defendant has the intent to steal and uses an innocent purchaser or third party to physically move the item (asportation), it still constitutes larceny by the defendant.

Question 9

What is the key difference between Larceny and Robbery?

Answer 9

Larceny: An offense against property. Focuses on the taking without consent with intent to permanently deprive.
Robbery: An offense against the person. Involves taking property from a person or their presence through force, violence, threats, or intimidation before or during the taking. Overcoming any resistance counts. Courts interpret “from the person” broadly for robbery.

Question 10

Under Common Law Larceny, what types of property are covered? What about newer types of property?

Answer 10

Common Law Larceny covers tangible personal property (“personal goods”) with some intrinsic value. Services, use of equipment, real estate are not covered. Modern statutes often explicitly include things like computer data, software, programs, financial instruments, etc., which might otherwise not fit the CL definition

Question 11

How is “value” determined for Grand Larceny?

Answer 11

The prosecution must prove the property meets the value threshold ($1000 if not from the person). Value is the fair market value at the time of the taking. Evidence can include original price (considering depreciation) and owner’s opinion testimony. If only part of an item is stolen, only the value of that part counts

Question 12

What is the Single Larceny Doctrine?

Answer 12

Multiple items stolen during a single, continuous act or impulse, often from the same general location and close in time, can be aggregated to meet the value threshold for Grand Larceny. Factors: location, time lapse, intent (general vs. specific), number of owners, intervening events. Generally, thefts from the same room at the same time are a single larceny; thefts from different locations (stores, buildings) are separate offenses.

Question 13

Does the Single Larceny Doctrine apply to fraudulent credit card transactions or firearm theft?

Answer 13

Credit Cards: No. Each fraudulent transaction is typically a separate offense under specific statutes. Credit cards themselves only have the value of the plastic under CL.
Firearms: Usually charged under a specific statute, making aggregation unnecessary for felony status.

Question 14

Can you steal from a joint owner or a spouse under Common Law?

Answer 14

Joint Owner: No, one joint owner cannot steal property they jointly own with another.
Spouse: Under Common Law, generally no larceny from a spouse. Modern Law often allows it. Ownership (e.g., name on title) is a factor based on the totality of circumstances.

Question 15

What is required regarding ownership for a larceny charge?

Answer 15

The prosecution must allege the property belonged to someone (either a named owner or “owner unknown”). Property must be owned or in someone’s legal possession (like a valet). Abandoned property cannot be stolen (this is an affirmative defense).

Question 16

Who is the victim when funds are fraudulently taken from a bank account?

Answer 16

Typically, the bank is the victim because it owns the funds and has a debtor-creditor relationship with the account holder. However, if the account holder’s account is actually debited (even temporarily), the account holder can also be considered a victim.

Question 17

What happens if someone takes property intending only to hold it for a reward?

Answer 17

This still constitutes Larceny, as the intent is to permanently deprive the owner unless a condition (payment of reward) is met. The intent to return only upon payment is considered intent to permanently deprive.

Question 18

What is the specific crime of “Unauthorized Use”? What distinguishes it from Larceny?

Answer 18

Unauthorized Use: Wrongfully using specific types of property (Animal, Aircraft, Vehicle, Boat, Vessel ONLY) without permission, or exceeding the scope/duration of permission given. Felony if value is $1,000 or more.
Distinction from Larceny: Intent is only to temporarily deprive the owner of use, not permanently deprive them of the property itself. (Note: Repo has an exception).

Question 19

What inference can be made if someone is found in possession of recently stolen property?

Answer 19

Unexplained possession of recently stolen property allows an inference that the possessor is the thief (Larceny) OR that they received the property knowing it was stolen (Receiving Stolen Goods). Factors: time lapse, nature of goods (salability, portability), circumstances

Question 21

Where can Larceny be prosecuted (Venue)?

Answer 21

Larceny is considered a continuing offense. Venue is proper anywhere the property was stolen and anywhere the thief took or possessed the stolen property. For Grand Larceny involving embezzlement, venue may also be where the victim resides.

Question 22

Can a passenger in a vehicle commit larceny of that vehicle?

Answer 22

Yes, if the passenger exercises dominion and control over the vehicle (e.g., during a carjacking, holding a gun to the driver).

Question 23

What are the elements of Concealment?

Answer 23

1) Willfully conceal or take possession of goods/merchandise of a store.

2) With wrongful/bad intent (intent to convert to own use without paying).

3) Alters price tag

OR transfers goods to another container
OR aids someone else in doing so.
* * *
Note: Punished the same as larceny based on value.

Question 24

What are the elements of Obtaining Property by False Pretenses?

Answer 24

• Intent to defraud (existing at the time the pretense is made).
• Actual fraud occurred (defendant was unjustly enriched).
• Use of a false pretense (a lie about a past or existing fact).
• The false pretense induced the owner to part with ownership (title) of the property. Note: $1000 rule applies for felony. Obtaining a signature is always a felony.

Question 25

What is the key difference between Larceny by Trick and Obtaining Property by False Pretenses?

Answer 25

Larceny by Trick: Defendant uses deceit to gain possession only. Can involve lies about past, present, or future facts/promises. False Pretenses: Defendant uses deceit (about past or present facts ONLY) to gain title/ownership. . ## Footnote If unsure, charge Larceny; can often prove False Pretenses at trial under a Larceny charge (but not vice-versa)

Question 26

Does the Single Larceny Doctrine apply to Obtaining Property by False Pretenses?

Answer 26

Yes. Look at whether the acts stemmed from a single impulse (e.g., telling one lie to a crowd vs. approaching individuals separately with the lie).

Question 27

What are the elements of Embezzlement?

Answer 27

1) Accused wrongfully appropriated property to their own use/benefit. 2) With intent to deprive the owner (even temporarily). 3) The property belonged to another. 4) The property was entrusted to or delivered to the accused (often via employment or position of trust). ## Footnote Note: $1000 rule applies for felony.

Question 28

What does "entrusted or delivered" mean in Embezzlement?

Answer 28

Entrusted: Given property based on a relationship of trust (e.g., employee handling employer funds). Delivered: Given transfer, possession, or control of property (e.g., rental car delivered to renter). Key Idea: The accused initially had lawful possession due to trust/delivery, then converted it wrongfully.

Question 29

How does aggregation work for Embezzlement?

Answer 29

Multiple acts of embezzlement can be aggregated into a single charge if they occur within a 6-month period. (Single Larceny Doctrine applicability is unclear).

Question 30

Can Embezzlement be charged as Larceny?

Answer 30

Yes, the statute allows for a Larceny charge where the proof shows Embezzlement (and vice-versa).

Question 31

What are the elements of Receiving Stolen Goods?

Answer 31

Property was previously stolen by another person. Accused received the stolen property (not just proceeds). Accused knew (or should have known/reasonable person standard) the property was stolen when received. Accused had dishonest intent. ## Footnote Note: Often a lesser-included offense of Larceny.

Question 32

What constitutes "knowledge" for Receiving Stolen Goods?

Answer 32

Actual knowledge or circumstances suggesting knowledge (suspiciously low price, efforts to evade detection, altered markings). Possession itself can imply knowledge if innocence is unreasonable.

Question 33

What is required for the specific crime of Stolen Firearms?

Answer 33

Simply receiving, possessing, or transporting a stolen firearm. The item must be designed to expel a projectile by gunpowder; it doesn't need to be functional.

Question 34

What are the two types of Destruction of Property and their mental states?

Answer 34

Unlawful Destruction (Class 3 Misd): Done unlawfully (e.g., through criminal negligence, reckless disregard). Intentional Destruction (Class 1 Misd / Felony if $1000+): Done intentionally or with knowledge that destruction is the likely result of egregious conduct (e.g., extreme reckless driving, shooting gun in town). ## Footnote Value = Fair market value OR cost of repair/replacement.

Question 35

What are the elements of Failure of Bailee to Return Vehicle, Animal, Aircraft, Boat, or Vessel?

Answer 35

Possession (not title) of specific property type (Animal, Aircraft, Vehicle, Boat, Vessel) via agreement. Failure to return the property by the agreed date. Fraudulent intent (presumed if not returned within 5 days if agreement is in writing). Note: $1000 rule applies for felony.

Question 36

What are the elements of Failure to Return Rental Property (Non-Vehicle/Animal etc.)?

Answer 36

Property obtained under a written lease/rental agreement. Failure to return property as agreed. Fraudulent intent (can be proven by circumstances OR presumed if false info given OR property not returned within 30 days of certified mail notice demanding return). Note: $1000 rule applies for felony. ## Footnote Statute specifically excludes items covered by Bailee statute.

Question 37

What are the elements of Construction Fraud (Failure to Perform Promise for Construction etc. in Return for Advances)?

Answer 37

1. Obtain an advance of money/value. 2. With fraudulent intent (at the time of obtaining advance; key element separating from civil dispute). 3. Promise to perform construction/repair/etc. on real property. 4. Fail to perform the work promised AND 5. Fail to return the advance within 15 days of a certified mail request demanding the return of the advance (not demanding work completion). ## Footnote Note: $1000 rule applies for felony. Single Larceny Doctrine applies.

Question 38

What is a key requirement for prosecuting Construction Fraud regarding notice?

Answer 38

The prosecution MUST prove the 15-day demand letter (requesting return of the advance, sent via certified mail, return receipt requested) was sent. This is an element of the offense. Actual receipt by the defendant is not required. Returning the advance within 15 days negates criminal liability.

Question 39

What are the elements of Bad Check (Larceny by Bad Check)?

Answer 39

1. Intent to defraud (at the time check is written/delivered). 2. Make, draw, utter, or deliver. 3. A check, draft, or order. 4. Knowing there are insufficient funds or credit with the bank at that time. Note: $1000 rule applies for felony ## Footnote (can aggregate over 90 days if same account/payee). Applies to goods, services, past debts.

Question 40

How can "intent to defraud" be presumed (prima facie) in a Bad Check case?

Answer 40

* If the check bounces for Insufficient Funds (NSF), intent is presumed if notice is sent (certified mail to last known address or just mail to address on check) demanding payment within 5 days, and payment isn't made. * If the check bounces because the account doesn't exist or is closed, intent is presumed automatically (no notice required). ## Footnote Note: These are rebuttable presumptions. Intent can also be proven by totality of circumstances.

Question 41

What reasons for a check non-payment do NOT automatically establish the "insufficient funds" element for a Bad Check charge?

Answer 41

"Refer to Maker," "Payment Stopped," errors on the check (illegible, missing info), "Uncollected Funds" (though this might show lack of intent if deposit was expected). The reason must clearly indicate a lack of funds or credit (NSF, Account Closed).

Question 42

How can the identity of the check writer be presumed in a Bad Check case?

Answer 42

Identity is presumed if the check contains information purported to be the drawer's: full name, address, phone number, Driver's License number, Social Security number, or other government ID number. A photo taken at the time of the transaction also helps.

Question 43

Can subsequent payment or a payment agreement stop prosecution for Bad Check?

Answer 43

No. Once the elements of the crime (bad check + bad intent at the time of passing) are met, subsequent actions generally do not negate the original criminal liability.

Question 44

Is stealing a dog treated differently under Larceny laws?

Answer 44

Yes, there is often a specific statute making it a felony to steal a dog, regardless of the dog's monetary value. This elevates it beyond standard Petit Larceny rules based purely on value.

Question 45

What is the significance of a post-dated check in a Bad Check case?

Answer 45

Passing a check known to be post-dated generally negates the "false pretense" element of Bad Check, as the recipient is aware the funds are not currently available. If the recipient agrees to hold the check until a later date, there's typically no intent to defraud at the time of delivery. However, simply post-dating without informing the recipient doesn't prevent liability if funds are insufficient on the date written.

Question 46

Is there an exception to the Unauthorized Use statute?

Answer 46

Yes, a "Repo exception," referring to situations where a rightful owner or lienholder repossesses the property (like a vehicle). This would not typically be considered criminal Unauthorized Use by the repo agent acting lawfully.

Question 47

What level of crime is Conspiracy usually associated with?

Answer 47

Conspiracy charges are usually brought for agreements to commit felonies, not typically for misdemeanors.

Question 48

Does the Single Larceny Doctrine apply to Embezzlement?

Answer 48

The notes indicate the court hasn't explicitly stated whether the Single Larceny Doctrine (aggregating value based on a single impulse) applies to Embezzlement. Embezzlement does have its own aggregation rule allowing charges covering acts within a 6-month period.

Question 49

What happens if someone breaks into a car intending to steal one item (e.g., a bag) but finds and takes many other valuable items?

Answer 49

The intent to steal can broaden. It can often be assumed the person intended to steal whatever valuable items they ultimately found and took, allowing aggregation of the value of all items (potentially reaching Grand Larceny levels), not just the initially targeted item

Question 50

Example: A thief snatches cash from a register drawer while the cashier is standing right next to it, within arm's reach. What type of Larceny is this likely, and why?

Answer 50

Grand Larceny (from the person). Even though not physically touching the cashier, taking property from their immediate custody and control (within "grabbing range") qualifies as "from the person." If the amount was $5 or more, it's a felony.

Question 51

Example: A shopper takes unpaid clothing into a store's bathroom. Have they committed Larceny yet?

Answer 51

Yes, likely Larceny. By taking the items to the bathroom (presumably to conceal or remove tags), they have exercised dominion and control ("taking") and moved the items ("asportation") with implied wrongful intent. This action invades the store's constructive possession.

Question 52

Example: A person attempts to grab a wallet from someone's pocket. They only manage to slightly move the wallet within the pocket before being stopped. Is this Larceny?

Answer 52

Yes, Larceny (specifically, Attempted Grand Larceny from the person if they intended to take $5+). The element of "asportation" (carrying away) requires only slight movement. Moving the wallet, even within the pocket, satisfies this element if done with the intent to steal.

Question 53

Example: A mechanic is given a car for repairs but uses it for personal errands over the weekend without permission. What crime might this be?

Answer 53

Unauthorized Use. The mechanic had lawful initial possession but exceeded the scope of permission given (using it for personal reasons). Since it involves a vehicle and the intent was likely temporary deprivation of use, it fits Unauthorized Use rather than Larceny. (Felony if vehicle value is $1000+).

Question 54

Example: Someone breaks into a car intending only to steal a gym bag but finds a laptop and cash inside as well, taking all of it. How is the value determined for potential Grand Larceny?

Answer 54

The value of all items taken (gym bag, laptop, cash) would likely be aggregated. The law often assumes the intent to steal applies to all valuable items discovered and taken during the commission of the theft, even if not the original target.

Question 55

Example: To get a test drive of a valuable car, a person leaves behind a different car as "security," knowing the car they left is stolen. They don't return the test-driven car. Is this Larceny by Trick or False Pretenses?

Answer 55

The dealership was deceived into giving up possession of the valuable car based on the false security (the stolen car). Title/ownership wasn't transferred, only temporary possession, making it Larceny by Trick, not False Pretenses.

Question 56

Example: An employee working register A takes money from the cash drawer of register B, normally operated by another employee. Is this Embezzlement?

Answer 56

Yes, likely Embezzlement. Even though it wasn't their assigned drawer, their status as an employee gave them access and a position of trust regarding all store funds/property. They were "entrusted" by nature of their employment and converted the funds.

Question 57

Example: A contractor takes a large advance payment for materials, never buys them, does no work, and stops communicating with the homeowner. What crime might apply, and what is crucial for prosecution?

Answer 57

Construction Fraud. Key elements are obtaining the advance with fraudulent intent (proven by totality of circumstances like lack of work/purchases, ceasing communication) and failing to return the advance after proper notice. Crucially, the prosecutor must prove the 15-day certified letter demanding return of the advance was sent.

Question 58

Example: A person writes a check for groceries. They tell the cashier, "This check isn't good right now, can you hold it until Friday?" The cashier agrees. The check bounces when deposited on Friday. Is this a Bad Check crime?

Answer 58

Likely No. Because the writer disclosed the check was not currently good and the cashier agreed to hold it, the element of "intent to defraud" at the time the check was delivered is missing. There was no false representation that the funds were available then. (It becomes a civil debt issue)