3.2 Other Crimes

Larceny definition

Trespassorily took something and moved it while having the intent to permanently deprive

Guilty of larceny and NOTHING else matters once there is a combination of what 2 things?

Movement and intent to permanently deprive (steal)

I took something while wanting to keep it and then had second thoughts and put it back. Does that matter for larceny?

No—guilty as soon as the combo of movement and intent to steal/keep it

Continuing Trespass (This is Larceny But a Wrinkle)

I took something without permission—but not intending to steal when I took it—and later CHANGED my mind and decided to keep it.

Burglary Elements

• Breaking and entering

• Dwelling house of another

• At night

• With intent to commit a felony

Breaking and entering is literally any […]

enlargement of the structure

The window is a millimeter up and I open it the whole way. Breaking and entering?

Yes

The door is open and I walk through it. Breaking and entering?

No

Dwelling house.

Someone lives there

A 7-Eleven and John lives on the third floor of the 7-Eleven, because he has a little loft up there—does that become a dwelling?

Yes because someone lives there.

Can you burglarize your own house at common law?

No

At night. How will you know it’ll be at night?

They’ll tell you.

Burglary—most important element

With the intent to commit a felony

If I did not want to commit a felony at the moment I broke in, there is no […]

burglary

If all the other elements of burglary are met but instead of breaking and entering I trick you or force you to get me into your house, is that burglary?

Yes (breaking and entering can be by force or fraud)

Robbery elements

Trespassory taking

Carrying away

Personal property

Of another

By force, intimidation, or fear

Robbery is like larceny except

Victim gives you his personal property BECAUSE of force, intimidation, or fear.

If you’re guilty of robbery, you CAN’T be guilty of [...] because it merges into robbery.

larceny

2 Types of Assault

1. Intent to commit battery

2. Intent to place someone in imminent fear or harm (some CONDUCT is needed)

How will I know whether they test me on intent to commit a battery or the intimidation or fear version?

They’ll tell you

Larceny by trick

I obtain POSSESSION of your property by a false statement.

Larceny by Trick: I […] to you, and then because of it you gave me your watch.

lie

Larceny by Trick: The person gets possession of the personal property—not what?

ownership, title, anything else

False Pretenses: I lie to you and because of the lie I end up with […]

form of ownership or title

False Pretenses: Two hypos to watch out for

1. I trick you into giving any kind of paper which refers to some form of ownership or title.

2. Money: I scam you in some sort of a transaction, a fraudulent sale.

Unless they give me a hypo that clearly talks about title or clearly talks about some transaction for money, no matter how long or what I did with your personal property, it will still just be […] because what did I end up with? Just possession of your stuff.

larceny by trick

Embezzlement—how did I get your property?

You gave it to me LAWFULLY.

Embezzlement definition

Lawful possession of the property of another, and then I convert it for my own use.

Receiving Stolen Property Elements

Physical possession

I know it’s stolen

I have the intent to keep it

Forgery definition

A document has legal significance and there’s an intent to make wrongful use of it.

Forgery

What are you looking for (2 things)?

1. A fraudulent copy of something WITH legal significance by itself AND ALSO

2. Someone with the intent to wrongfully use it.

I made a fraudulent copy of something for myself and hang it on my wall—does it mean I’m going to do something WRONG with it?

No

Accomplice Liability Elements

1. Intent to achieve the crime and

2. Aid, abet, or encourage someone in the accomplishing of the crime

Accomplice Liability—If the Elements ARE met AND the other person COMMITS the crime, then what?

You—the accomplice—are guilty of whatever crime that person committed.

Accessory Before The Fact

Just like accomplice liability but not present at the crime.

Accessory Before The Fact—Other Person Commits the Crime Itself. Now What?

Accomplice is ONLY guilty of Accomplice Before the Fact

Accessory After The Fact Elements

Crime is done.

I know the crime is done

I help you to prevent you from getting caught or convicted.

Accessory AFTER The Fact—Other Person Commits the Crime Itself. Now What?

Accomplice is ONLY guilty of Accomplice AFTER the Fact

General Intent = Bat ARK Ma Ma

Everything else is

Battery

Arson

Rape

Kidnapping

Voluntary Manslaughter

Involuntary Manslaughter

Battery definition

Unlawful application of force to another.

Remember: General intent. As long as there’s that unlawful contact, no intent is necessary for criminal law.

Arson

Malicious (should have known) burning of another’s dwelling.

I’m standing outside on a dry day. We haven’t had rain in a long time, and I take a cigarette and throw it into the dry grass right outside your house. The grass goes up in flames and your house burns down, and I knew or should have known I could cause the burning.

Guilty of arson?

Yes

Common law rape

Unlawful sexual intercourse by a male with a female without consent.

Statutory rape is always unlawful (by definition) and always without consent (by definition) and therefore always rape.

Common law kidnapping

Unlawful confinement and carrying away of a person against their will