Crimes Against Property

Front 1

What are the elements of Larceny

Back 1

Wrongful Taking

and

Carrying Away

of

Another's Tangible personal property

with

The Intent to Permanently Deprive

Front 2

What are the two ways one could take the property of another which would qualify as wrongful insofar as Larceny is concerned

Back 2

Trespass

Misrepresentation

Front 3

How much carrying away must there be in order to qualify as larceny

Back 3

The slightest bit

Front 4

Does the victim of larceny need to have had title to the property

Back 4

No, only lawful possession

Front 5

Is Larceny a specific or general intent crime

Back 5

Specific

Front 6

What is the intent required for larceny

Back 6

To Permanently Deprive

Front 7

Can a defendant be guilty of larceny is he borrowed a tangible item from its rightful possessor and then decided to permanently deprive

Back 7

No, the intent to permanently deprive must have been present at the time of the taking

Front 8

Would a defendant be guilty of larceny if the taking was of property he believed to be his own though he was mistaken

Back 8

No, so long as the belief was honest

Front 9

Would a defendant be guilty of larceny if he was authorized to take the property believing that that the authorization was legitimate

Back 9

No, so long as the mistake was honest

Front 10

How could he intent to permanently deprive be satisfied for larceny if perhaps the defendant did not technically have that intent a the time of the taking

Back 10

If the taking was somewhat culpable and the intent to permanently deprive was formed later intent could be satisfied under the theory of continuing trespass

Front 11

Is taking with intent to risk the same as intent to permanently deprive

Back 11

Yes

Front 12

What if he defendant borrows without permission but with the intent to return

Back 12

Would be guilty of continuing trespass but not larceny

Front 13

Dose mistake of fact need to be reasonable to be a defense of larceny

Back 13

No, so long as it is honest

Front 14

What are the elements of embezzlement

Back 14

Fraudulent

Conversion

of Another's Property

by A Person in Lawful Possession

Front 15

Is embezzlement a specific intent crime

Back 15

Yes, requires the specific intent to defraud

Front 16

Could defendant be guilty of embezzlement if they had the intent to restore the property

Back 16

No, so long as they intended to restore the EXACT property

Front 17

Would the intent to restore money taken be a defense to embezzlement

Back 17

No, it would not be considered the EXACT property taken

Front 18

What is conversion

Back 18

an act consistent with the intent to deprive the rightful owner of the property's use

Front 19

What would satisfy the element of conversion in a fiduciary relationship or trust agreement

Back 19

Any dealing with the property inconsistent with the fiduciary relationship or trust agreement

Front 20

Is a bank teller in lawful possession of the money handed to him by a customer

Back 20

No but the bank president would be

Front 21

What are the elements of false pretenses

Back 21

Obtaining Title

to the Property of Another

by an Intentional False Statement of Past or Present Fact

With intent to defraud

Front 22

Is false pretenses a specific intent crime

Back 22

Yes

Front 23

When would larceny or embezzlement become false pretenses

Back 23

When title is passed

Front 24

Could defendant be guilty of false pretenses if title was obtained by false statements of future facts

Back 24

No

Front 25

Suppose defendant did not intend for the victim to rely on the false statement, would he be guilty of false pretenses

Back 25

No, No intent to defraud

Front 26

Suppose defendant honestly believed the property belonged to him, would false pretenses apply

Back 26

No, because there would be no intent to obtain title

Front 27

What are the elements of Robbery

Back 27

Larceny

Force or threat of immediate harm

Front 28

Can defendant be guilty of robbery AND larceny

Back 28

No, they merge

Front 29

Does threat of future harm work for robbery

Back 29

No, it must be immediate

Front 30

Does the victim need to be aware of the threat for robbery

Back 30

yes, can't rob a sleeping or unconscious person

Front 31

What are the elements of forgery

Back 31

Making or Altering

of

Writing w/ apparent legal significance

that

Renders the writing false

AND

with the intent to defraud

Front 32

Can defendant be guilty of fraud if no one is actually defrauded

Back 32

Yes, only needs intent to defraud

Front 33

What are the elements of extortion

Back 33

Threat of Future Harm

Intent to cause victim to cede property

Front 34

How is extortion different than robbery

Back 34

property does not have to be taken from the person or their presence

Threat of Future Harm is sufficient

Threat of economic/reputational harm is sufficient

Front 35

Is extortion a specific intent crime

Back 35

Yes, to intend to cause the victim to cede property

Front 36

What are the elements of receiving stolen proeprty

Back 36

Receive Stolen Property

with

Knowledge that the Property is Stolen

AND

Intent to deprive the owner

Front 37

Is Receipt of stolen Property a specific intent crime

Back 37

Yes, intent to deprive the true oqner of the property

Front 38

What are the elements of Burglary

Back 38

Breaking and Entering

of

The Dwelling of Another

at

Night time

with

Specific intent to commit a felony

Front 39

Would walking through an open door be Breaking and entering for Burglary

Back 39

No, must overcome an obstruction to enterance

Front 40

Is walking through an open door into the dwelling of another at night and then opening an inside door enough for breaking and entering

Back 40

Yes, interior obstacles to entry qualify

Front 41

What is defendant reached in with a hand and went no further

Back 41

Is still breaking and entering

Front 42

What is the Dwelling of Another

Back 42

Where they regularly sleep

Front 43

What counts as after sunset for common law burglary

Back 43

30 Minutes after sunset and 30 minutes before sunrise

Front 44

Can defendant decide to commit felony after breaking and entering the dwelling of another at night for common law burglary

Back 44

No, they must have the intent to commit a felony at the time of the braking and entering

Front 45

What are the elements of Arson

Back 45

Malicious

Burning

of

Another's Dwelling

Front 46

What is Malicious

Back 46

Intentional disregard for obvious or known risks

Front 47

How much burning is required for arson

Back 47

at least charring CAUSED by the fire

Front 48

What is the difference between common law arson and modern law arson

Back 48

Common Law - Dwelling of another

Modern Law - Any Structure