Property Crimes

Larceny and Larceny by Trick, Embezzlement, False pretenses, Robbery, Burglary, Arson

Larceny

is a specific-intent crime.

i. Trespassory

ii. Taking and

iii. Carrying away

iv. Of personal property

v. of another

vi. with intent to permanently deprive that person of the property (i.e., intent to steal)

Larceny elements in details

i. Trespassory

• property taken w/o owner’s consent

• If consent, it must be real, not obtained by trick

• Burden on D to prove consent

ii. Taking and

• removal of property from owner’s possession into another’s control

• Destruction while property held by owner is not taking

• If D uses an agent to remove property, it is taking; agent need not know D’s intent.

iii. Carrying away/asportation

• Slight movement is suffice

• MPC: focus on D’s exercise of unlawful control over the property

iv. Of personal property

• Tangible property, e.g. Electricity or gas counts as personal property

v. of another

• Property of someone

• Taking personal property from theft is larceny unless D is teh owner

vi. with intent to permanently deprive that person of the property (i.e., intent to steal)

• Intent to permanently deprive the owner of the property must be present at the time of taking

• Borrowing with intend to give back is not larceny

• property destroy in your care is not larceny

• D’s mistakenly believe his claim of right of property is not larceny, cuz D lacks intent.

Larceny by Trick

i. Larceny

ii. Accomplished by fraud or deceit

iii. Resulting in the conversion of property of another

• Requires fraudulently induces the victim to deliver possession of, but not title to, property of D.

• Representation must be false in fact related to a material past or present fact

• A prediction about future event, a false promise or an opinion, puffing is not suffice

• Victim must rely on the false representation and that reliance must cause the victim to give possession to D

Embezzlement

i. Fraudulent

ii. Conversion

iii. Of the property

iv. of another

v. by a person who is in lawful possession of the property.

• Conversion: selling, damaging, unreasonably withholding possession of the property—D need not benefit from the conversion.

False Pretenses

i. Obtaining title to the property

• Title must pass to D

ii. of another person

iii. Through the reliance of that person

• Victim must rely on the false representation and that reliance must cause the victim to give possession to D

iv. On a known false presentation of a material past or present fact; AND

v. representation is made with the intent to defraud.

• D obtains title to someone’s else property through an act of deception

Robbery: Larceny+ Assault

i. Taking;

ii. Another person’s property

iii. without his consent

iv. with intent to deprive him of it permanently; and

v.Taking occurs from the victim’s person or in his presence

• Property must be on the victim’s person or within the victim’s reach or control

vi. either by violence/force or putting victim in fear of imminent physical harm

• Must occur before, simultaneously, or immediately before taking

• Remember for robbery—slight force is sufficient

• Intimidation: must be a threat of immediate serious physical injury to the victim, a close family member, or other person present.

Extortion: a variation of robbery

Common law: unlawful taking of money by a government officer.

Modern approach:

• taking of money or property of another by threat of future harm (including non-physical harm)

Distinction b/w Extortion and Robbery

• Threat need not immediate or physical in nature

• Property taken need not on victim or in his presence