Chapter 13: Theft

These flashcards cover the key concepts and definitions related to theft, robbery, burglary, and related crimes as outlined in Chapter 13 of the lecture notes.

What are the three types of property?

Real Property (real estate), Personal Property (everything else), Intellectual Property (thoughts, ideas, creations).

Can a thief convey lawful title to stolen property?

No, a thief cannot convey lawful title to stolen property even to an innocent purchaser.

What are the elements of theft or larceny?

Taking (or carrying away in some states), property of another, with intent to deprive the other of ownership or possession.

When is taking considered complete in theft?

Taking is complete when the defendant has exercised control or dominion over the property.

What does 'property of another' entail in theft?

The property must belong to another, who does not need to be the true owner but must be lawfully in possession.

Can one steal their own property?

In theory, yes, if the person takes it without consent while it is in possession of another.

What constitutes specific intent in theft?

You must intend to deprive the owner of possession of their property.

Is taking another's property accidentally theft?

No, if someone accidentally takes another's property, they are not considered a thief unless they fail to return it once the mistake is discovered.

What differentiates robbery from common theft?

Robbery involves the use of force or the threat of force to take property from the victim.

What is required for a robbery to be classified as armed robbery?

The use of a dangerous weapon during the crime, making it an aggravated offense.

What constitutes home invasion?

Unlawful entry into a dwelling with intent to commit a crime while persons are present, using force or threat of force.

How is burglary defined in modern statutes?

Unlawful entry into or remaining in a building with the intent to commit a crime.

What must be shown for burglary regarding the dwelling house?

It must be shown that the dwelling is of another unless modern statutes omit this requirement.

What is the penalty for first-degree burglary?

Guilty of felony burglary in the first degree, subject to imprisonment not exceeding 20 years.

What constitutes possession of burglary tools?

Possession of a device intended to be used to commit a burglary.