Criminal Law: Property Crimes

Front 1

Traditional property crimes involves:

Larceny; embezzlement, false pretenses, receiving stolen property

Back 1

Modern statutes--> consolidated crime of "theft"

Front 2

Larceny:
Taking (exercise of control)
Asportation (some movement)
Corporal personal property of another
from Possession of another
Wrongfully*
With intent to permanently deprive

*W/o permission OR w/permission obtained by deception (larceny by trick)

Back 2

Usually, if D asports property, there is a completed taking.

Sometimes no taking despite asportation, because D hasn't exercised real control.

Front 3

Asportation requires only some movement of the property.

Taking only requires some control adverse to the owner.

Back 3

To complete the larceny, D need NOT remove property from premises.

Also, D only need take property from someone with a greater right superior to D.

Front 4

Describe "intent to permanently deprive."

Back 4

At time of taking, defendant must have intended to either:

1) Permanently keep the property himself OR
2) Do something with property that creates a high risk that owner would never get property back

Taking item with intent to return it cannot be larceny.

Front 5

What controls is what D intended to do with property at the time of taking

Back 5

In intent, critical issue is whether intended use of the property involved high enough risk of permanent loss to owner.

Front 6

General rule of "Coincidence" between Act and Intent

When a crime requires both a particular act and intent, D. must have required intent when he does act constituting the crime

Exception: "Continuing Trespass" --> *wrongful taking without intent to permanently deprive; then during wrongful possession, forming intent to permanently deprive

Back 6

Forming intent after taking and during is sufficient only if original taking was wrongful.

* without consent or with consent obtained by deception

Front 7

Embezzlement

1) Possession of property under trust arrangement
2) Conversion of property (use contrary to terms of trust agreement); and
3) With intent to defraud

Back 7

Intent to return/replace converted property doesn't show lack of intent to defraud.

Possession requires extensive and discretionary control

Front 8

A person who has "possession" of another's property can commit embezzlement but not larceny

Back 8

Person who has "custody" of another's property doesn't have possession; can commit larceny

Usually, an employee only has custody of employer's property and commits larceny by taking it.

Front 9

False pretenses:
1) Obtaining title to another's property;
2) By means of a misrepresentation of past or present fact; and
3) With intent to defraud

Back 9

An unkept promise or misrepresentation of future fact (prediction) is insufficient misrepresentation for false pretenses.

Usually an affirmative misrepresentation is required.

Failure to correct a misunderstanding is sufficient if D created the misunderstanding.

Front 10

Receiving stolen property

Back 10

1) Receiving (taking possession of)
2) Property acquired by larceny (or some property crime)
3) Knowing that property is stolen; and
4) With intent to permanently deprive

For receiving stolen property, property actually must be stolen (vs. formerly stolen) when received by D.

Front 11

The modern statutory crime of theft is committed when __.

Back 11

A person unlawfully exercises control over another's property without effective permission and with intent to deprive other of that property.

* Covers everything traditionally covered by other crimes; requires same 'intent to deprive'

Front 12

Robbery

Back 12

Larceny in which property is taken by:
Force (violence)* OR threats (intimidation)

Front 13

Robbery by force

Force must be used to obtain property OR prevent victim from immediately regaining it.

*Force must be closely related to taking of property AND despite effort used, there's no force if D. lifts item from pocket or slips item w/o resistance!

Back 13

Robbery by threats

Threats must be of imminent physical harm;
Victim must be in fear of harm; and
Threat must be such as would cause apprehension of immediate harm in a reasonable person

Front 14

Extortion (blackmail)

Back 14

Obtaining property by means of threats, like:

Something besides physical harm (ie. damage property, reveal embarrassing fact); or
Do physical but not imminent harm

Action is threat only if reasonable person would be in fear of immediate harm