Criminal Law - Crimes Against Property

Front 1

Larceny
(Elements)

Back 1

Common law
a. The trespassory taking
b. And carrying away—must move property (so no larceny of services)
c. Of the tangible personal property
d. Of another
e. With the intent to permanently deprive (or steal) --intent to keep, destroy, hold for ransom, or recklessly expose to loss/handles in way involving substantial risk of loss are all sufficient

Specific intent crime

Front 2

Larceny
(Other)

Back 2

--continuing trespass: applies to a later decision to permanently deprive owner
--if take and intend to return, no larceny (defendant must be able to return the property, even if something unanticipated stops the actual return)

honest mistaken belief of right to property negates intent to steal

return of property does not matter so long as intend to deprive at time of taking or prior to return

Front 3

Conduct after taking
(Larceny)

Back 3

Abandoning stolen property:
--larceny, even if hoping it gets returned

Pawning stolen property:
--can negate intent to steal if you intend to get it back

If intends to replace or pay back at later time, then not larceny (negates specific intent)

Front 4

Embezzlement
(Elements)

Back 4

1) Unlawful conversion or misappropriation
2) of another's tangible personal property
3) by one already in lawful possession
4) with intent to permanently deprive (specific intent).

honest belief that you have the right to it can negate the specific intent

Front 5

Conversion--examples
(Embezzlement)

Back 5

something that interferes with owner's rights with property

selling, consuming, pledging, donating, claiming title, seriously injuring

converts intending to substitute for equivalent property counts as embezzlement

NOT embezzlement: slight movement or limiting the use

Front 6

Robbery

Back 6

1. trespassory taking
2. with intent to steal
--honest mistaken belief negates intent to steal (therefore negates robbery)
3. taking must be from person or presence
4. taking must be accomplished by force, threat of force, placing victim in actual fear at the time
--satisfied by slight force but more than required for just moving the property
--use of force must be at the time of the taking

Front 7

Obtaining Property by False Pretenses
(Elements)

Back 7

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

get title via fraud

Ex: Terry goes to car dealership and lies, telling them she bought car and was there to pick up. Dealer signed over title and gave her keys

Front 8

Larceny by Trick

Back 8

defendant tricks possessor into giving him possession (not title) through a fraudulent misrepresentation

Front 9

Extortion

Back 9

"blackmail"

obtaining another's property by threatening future harm (robbery is present harm)

Some statutes consider the crime complete upon the threat being made.
Others require the victim to actually part with the property.

Front 10

Receiving Stolen Property

Back 10

Common law: misdemeanor

a. Receiving of stolen property
b. Known by defendant to be stolen
c. With intent to permanently deprive the owner

Front 11

Forgery

Back 11

1. fraudulent making
2. of a false writing with apparent legal significance
3. intent to make wrongful use of the document

An alteration must be material (change the legal meaning or effect of the document) to qualify the action as an element of forgery, such as signing a false signature to a will.

Front 12

Burglary
(Elements)

Back 12

1. breaking and entering
2. of the dwelling of anther
3. at night
4. with the intent to commit a felony therein

Front 13

Breaking
(Burglary)

Back 13

Typically required some use of force to create an opening.
At common law, not a breaking if defendant gained entry by merely pushing a door or window that was already left open.

Today, most burglary statutes have either relaxed the “breaking” element to include even the slightest enlargement of an existing opening. Some has even deleted the breaking element altogether

Constructive Breaking: under common law and modern, if gains entry by fraud, deception, or threat of force, this satisfied the breaking element.

Front 14

Entering
(Burglary)

Back 14

Breaking to exit, rather than enter, is not burglary.

Entry is achieved by placing any portion of the body inside the structure.

At common law, use of a tool for the purposes of entry was insufficient—today, this is sufficient.

Front 15

Dwelling of another
(Burglary)

Back 15

Common law: included home where people lives, occupied or not. Also included structures of curtilage.

Modern: include almost any structure

Front 16

At night
(Burglary)

Back 16

Modern statutes generally dispense with this element.

Front 17

Intent to commit felony therein
(Burglary)

Back 17

simultaneous felonious intent

it is possible to “break” into a room once inside a structure and doing so with intent to commit a felony in the room is burglary.

Front 18

Arson

Back 18

Common law:
a malicious act that creates a considerable risk of the burning of a dwelling of another.
--Don’t have to set on fire—putting bomb in building can be arson.

Modern statutes have dispensed with the dwelling requirement.

Must have charring. Blackening not sufficient