EBR II - Crim Law Deck 2

Attempt

• specific intent to commit the crime

• an overt act in furtherance of that intent: must have committed an act beyond mere preparation

  • traditional rule - proximity test: how close the D came to completing the offense; attempt requires an act that is dangerously close to success

  • MPC: substantial step in a course of conduct planned to culminate in the commission of the crime

Attempt Defenses

• Impossibility of Success: Legal Impossibility is defense; Factual Impossibility is not defense

• Abandonment: majority rule is it is never a defense; MPC withdrawal is defense only if it is fully voluntary and not made bc of the difficulty of completing the crime or because of an increased risk of apprehension, and it is a complete abandonment of the plan not just a decision to postpone

Larceny

a taking and carrying away of tangible personal property of another by trespass, with the intent to permanently (or for an unrxbl time) deprive the person of his interest in the property

Property of Another

• someone who as a possessory interest superior that of the D

• D has possession if she was given discretionary authority over the property, and has custody if she was given only limited authority over the property; if D has custody, another person has greater possessory interest so larceny can occur

• if person has lawful possession when she takes the property, she is not guilty of larceny; person can be guilty of taking own property if someone else had lawful possession at the time the owner takes it

Larceny by Trick

victim consents to D’s taking custody or possession of the property, but the consent has been induced by a misrepresentation

Embezzlement

fraudulent conversion of property of another, by a person in lawful possession of that property

False Pretenses

• obtaining title to the property of another by a knowing false statement of past or existing fact, with intent to defraud the other

• if only custody is obtained, offense is larceny by trick; if title is obtained, offense is false pretenses; depends on what the victim intended to convey to D

Robbery

• taking of personal property of another from the other’s person or presence, by force or intimidation, with the intent to permanently deprive him of it

• must be threat of immediate death or serious injury to victim, member of her family, relative, or person in her presence at the time; threat to damage property does not suffice with exception of victim’s dwelling house

• force or threats must be used to obtain property or immediately retain it