Crimes Against Property

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Crimes Against Property - General Framework

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Larceny: an unlawful taking with the intent to steal

Embezzlement: the unlawful conversion of property in the defendant's lawful possession.

Theft by false pretenses: obtaining title as a result of a material fraud.

Larceny by trick: obtaining possession although not title through a material fraud.

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Crimes Against Property - Forms of Control

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Title = legal ownership, and implies possession

Possession = full dominion and control over the property, but does not require title.

Custody = physical control of property in someone else's possession without full dominion over the property - the possessor places strict limits on permissible use of the property.

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Crimes Against Property - Larceny

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Under common law, it was defined as:

• A trespassory taking
• Without consent
• Some slight movement required (asportation)
• Of tangible personal property
• Of another.
• With intent to permanently deprive.

NOTE: Converting custody to possession = trespassory taking; converting possession to ownership (stealing something you lawfully possess) cannot be a trespassory taking.

NOTE: Larceny requires that the specific intent to permanently deprive accompany the trespassory taking.

NOTE: The intent to keep, destroy, or hold property for ransom will suffice to prove "intent to permanently deprive".

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Crimes Against Property - Larceny Cont.

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Doctrine of Continuing Trespass:

• A trespassory taking continues for the duration of the possession. Even temporary takings, as long as there is an intent to deprive, will suffice.
• Larceny requires specific intent to permanently deprive. Defendant's honest mistake in regards to ownership of the property or the belief that the property is abandoned is a complete defense to larceny.

Intent to deprive can be proven when the defendant exposes property to loss or deals with property in a manner involving a substantial risk of loss.

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Crimes Against Property - Larceny Cont.

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If, at the time of taking, the defendantt intends to return the property unconditionally, in a reasonable time, then there is no intent to steal.

Defendant must have the ability to return the property, even if something anticipated stops the return of the property.

Returning property does not conclusively establish the absence of the intent to steal. So long as the defendant intended to permanently deprive at the time of the taking or any time prior to the return, they are guilty of larceny.

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Crimes Against Property - Larceny Cont.

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Abandoning stolen property in the hopes that it will be returned to its rightful owner constitutes larceny.

If a defendant pawns the property: this may negate the intent to steal, especially in the redemption period.

If the defendant intents to replace or pay for the property at a later time: this can also negate the intent to kill.

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Crimes Against Property - Embezzlement

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Defined as the unlawful conversion of property entrusted to the defendant with the intent to permanently deprive.

Elements:

• Unlawful conversion or misappropriation.
• Of tangible personal property of another.
• By one who is already in lawful possession.

Conversion means: transforming possession of someone else's property to your own. It is established by an act that seriously interferes with the property rights of the owner.

Examples of Conversion:

• Selling, consuming, pledging, donating, discarding, destroying.
• Slight movement or limited use is not enough.

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Crimes Against Property - Emezzlement Cont.

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The specific fradulent intent to steal may be negated by, an honest claim of right or the intent to return the exact property, not a substitute.

• Converting property, but then intending to later substitute it for equivalent property is guilty of embezzlement.

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Crimes Against Property - Robbery

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Defined as larceny accomplished by force or threat of force.

There must be an underlying trespassory taking or larceny. An honest mistaken belief of right negates the intent to steal, therefore negating robbery.

The taking must be, from the perspecitve of the victim and the area in their control.

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Crimes Against Property - Robbery Cont.

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The taking in quesation must be accomplished by force or threat of force, placing the victim in fear to procure the property.

• Can be satisfied by slight force, but it must be more than what is required to move the property.
• The use of force must be: contemporaneous with the taking, not a threat of future harm.

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Crimes Against Property - Obtaining Property by False Pretenses

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Elements:

• A false representation of a present or past material fact by the defendant
• Which causes the victim to pass title to his property
• To the defendant
• Who knows it is false
• And intends to thereby defraud

NOTE: If one owns property before it is moved, there is no trespassory taking and it cannot be larceny.

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Crimes Against Property - Larceny by Trick

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Where the defendant tricks the possessor into giving them possession, though not title, through a fraudulent misrepresentation.

Larceny by trick is a variant of larceny. Possession but not title is obtained.

Example: tricking an owner to deliver property by writing a false check is larceny, not theft by false pretenses (usually a separate crime).

NOTE: For both "obtaining property by false pretenses" and "larceny by trick", evidence has to show that the defendant obtained the property as a result of reliance on the material misrepresentation.

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Crimes Against Property - Extortion

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Also known as blackmail. Defined as obtaining property by threatening a future harm:

Some statutes consider the crime complete upon the making of the threats with the specific intent to obtain money or property.

Other statutes require that the threats actually cause the victim to part with his property.

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Crimes Against Property - Receiving Stolen Property

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Was a common law misdemeanor.

Elements:

• Defendant receives stolen property
• Knew it was stolen
• Intended to permanently deprive.

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Crimes Against Property - Forgery

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Defined as the fradulent making of a false writing with apparent legal significance, with the intent to wrongfully use the document.

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Crimes Against Property - Crimes Against the Habitation - Burglary

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Defined as breaking and entering into the dwelling of another at night with the intent to commit a felony therein.

Breaking:

• Typically required some use of force to create an opening. Expanding an existing opening was not "breaking"
• Today, most states say that even slightly enlarging an existing opening constitutes breaking.
• Constructive breaking: gaining entry through deception or threat.

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Crimes Against Property - Crimes Against Habitation - Burglary Cont.

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Entering:

• Breaking to exit is considered insufficient.
• Entry is achieved by, placing any portion of the body into the opening.

Common law: using a tool was insufficient.

Today: using a tool for entry would qualify as entering.

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Crimes Against Property - Crimes Against Habitation - Burglary Cont.

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Dwelling house of another:

• Common law: this a home or dwelling was where people lived, whether occupied or unoccupied at the time of entry, and also included structures on "curtilage" such as a shed or greenhouse.
• Modern statutes: includes ANY building, including non-residential

At night:

• Modern statutes have removed this requirement.

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Crimes Against Property - Crimes Against Habitation - Burglary Cont.

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Intent to commit a felony therein:

• Burglary requires that the breaking and entering be accompanied by: a simultaneous felonious intent. Forming the intent after entering is not burglary.
• It is however possible to break into a room once inside a structure, and doing so with the intent to commit a felony in the room is burglary.

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Crimes Against Property - Crimes Against Habitation - Arson Cont.

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Common Law: defined as a malicious act creating a considerable risk or burning the dwelling of another.

• Malice is established by an intent to destroy, intent to burn, or extreme recklessness.
• Arson requires that some portion of the structure of the house was damaged by fire. Furniture is not enough. Charring must occur rather than mere blackening.
• An owner of a building can be found guilty of arson for maliciously burning his own structure.