Theft and Common Law Burglary

Burglary

The breaking and entering of a dwelling home of another at night time with the intent to commit a felony therein.

Breaking (common law) definition

The actual or constructive use of some force against a part of a building in effectuating an unconsented entry.

Entry (common law) definition

Including within a building, no matter how slightly.

A tool or instrument can constitute entry if it enters for the purpose of committing a crime.

Entry cannot be satisfied when the defendant has license of privilege to enter.

Embezzlement

The intentional conversion of the property of another by someone who is already in lawful possession of it (or by someone to whom it has been entrusted).

Conversion definition

Some act that seriously interferes with the owner’s ability to use the property.

Examples: using something up, selling it, using it as collateral for a loan, giving it away, inflicting serious damage to it, or delivering it to someone not entitled to it.

Obtaining property by false pretenses

A false statement of fact that causes the victim to pass title to the defendant. The defendant must know the statement is false, and thereby intend to defraud the victim.

False pretenses sub-rules

An omission, or silence, can constitute a false statement of fact.

Deceiving the property owner must pertain to an existing fact in the past or present, not a promise to the future, such as the false promise to fulfill a contract.

Larceny by continuing trespass

The wrongful taking and carrying away of personal property from the possession of another, and later develop the intent to permanently deprive the owner of it.

Larceny by trick

The wrongful taking and carrying away of possession of an item by fraud or trick with the intent to permanently deprive.

Larceny

Consists of the (1) trespassory “taking” and “carrying away” of personal property (2) from the possession of another (3) with the intent to permanently deprive the owner of it.

Other elements of larceny

Concurrence between mens rea and actus reus.

If an actor believes she owns the property or has a right to possess it, she is not guilty of larceny.

Taking definition

A taking is considered trespassory if the actor takes possession of the property without the possessor’s consent

Asportation definition

Asportation means the assertion of control over and some movement of the item contrary to the possession of the owner, no matter how slight.

Possession definition

A person has possession of property when he has sufficient control over it to use in a reasonably unrestricted manner