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25 Cards in this Set

  • Front
  • Back
What are the property crimes?
False pretenses
Receiving stolen property
Elements of Larceny
1. Taking
2. Asportation
3. Corporal personal property of another
4. From his possession
5. Wrongfully, w/o permission or w/ permission obtained by deception
6. With intent to permanently deprive.
Taking means...
exercise of control!
Must D remove the property from the premises to satisfy the offense of larceny?
Intent to permanently deprive means WHAT, exactly?
At time of taking, D must have intended to permanently keep the property himself, or do something that would create a high risk that the owner would never get property back.
What's more important in determining the crime of larceny?
Not what happens to the property after the taking!
What if the requisite intent was formed after the taking but during possession?
That's sufficient, only if the original taking was wrongful.
Elements of Embezzlement
1. Possession of property under trust arrangement
2. Conversion of the property
(use of it contrary to the terms of the trust arrangement)
3. Intent to defraud
What if D intends to replace or return the converted property?
It still shows the intent to defraud, which is required for embezzlement.
What's the difference between larceny and embezzlement?
Larceny deals with "custody."
Embezzlement deals with "possession."
Possession requires extensive and discretionary control.
An employee usually has what characterization of property?
Elements of False Pretenses
1. Obtaining title to property from another
2. By means of a representation of:
Past fact, present fact
3. With intent to defraud
What would not be considered to be a sufficient misrepresentation?
a. Unkept promise
b. Misrepresentation of future fact
What if D failed to correct a misunderstanding, is that a sufficient misrepresentation?
Yes, if D created that misunderstanding.
Elements of
Receiving Stolen Property
1. Receiving (taking possession)
2. of property acquired by larceny (or some other property crime)
3. knowing that the property is stolen, and
4. with intent to permanently deprive
Must the property actually be stolen when D receives it?
Theft is a modern statutory crime.
What are the elements?
1. Unlawful exercise of control
2. Over property of another
3. Without effective permission
4. With the intent to permanently deprive
Elements of Robbery
Larceny in which property is taken either by:
1. Force (violence) or
2. Threats (intimidation)
Robbery by Force?
Force must be to obtain property or prevent victim from immediately regaining it.
Elements of Robbery by Threats
1. Threats must be of immediate physical harm
2. Victim must be put in fear of harm
3. Threat must be such as would cause apprehension of immediate harm in a reasonable person
What's important in a robbery, the person or item?
One robbery for each person from whom property is taken, NOT one robbery per item.
What are the elements of Extortion (Blackmail)?
Obtaining property by means of other threats, such as threats to:
1. Do something other than physical harm (such as a threat to reveal an embarrasing fact)OR
2. Do physical but not permanent harm
Force must be related to...what?
The taking of the property.
What does not constitute force?
D lifts items from V's pocket, or D slips item from V's hand without resistance.
What is the standard used in determining a threat?
Whether a reasonable person would be put in fear of immediate harm.