Chapter 13: Theft

General Property Concepts

Any property can be stolen.
- Types of Property:
- Movable Property
- Immovable Property
- Property is divided into three main types:
- Real Property (real estate): Land and anything permanently affixed to it.
- Personal Property (everything else): All movable possessions not classified as real property.
- Intellectual Property: Thoughts, ideas, and creations that can be legally owned.

Legal Aspects of Theft

Transfer of Title: A thief cannot convey lawful title to stolen property to another person, even if that person is an innocent good-faith purchaser of the property.
- Example: If you buy a car from Craig's List but later learn it is stolen, you do not have legal title to the car.

Definition of Theft or Larceny

Theft, often referred to as larceny, typically has the following elements:
- Taking (and in some jurisdictions carrying away): This denotes the act of physically taking possession of the property.
- Property of Another: The property must not belong to the thief.
- Intent to Deprive: There must be an intention to deprive the true owner of ownership or possession of their property.

The Taking

Requirement for Theft: Theft cannot be established until the defendant has effectively “taken” the property.
Common Law Interpretation: Under common law, the “carrying away” requirement was pivotal in determining when a taking was complete.
- Control or Dominion: Generally, taking is considered complete when the defendant has exercised a form of control or dominion over the property.

Property of Another

For a act to qualify as theft, the property must belong to another:
- Possession: It suffices that the property does not belong to you. The other individual does not need to be the “true owner,” but must be lawfully in possession of the property.
- Examples:
- If you borrow your roommate's laptop and it is stolen while you are at a café, it is considered the “property of another.”
- Theoretical Perspective:
- It is theoretically possible to steal one’s own property, wherein:
  - If A leaves property with B for safekeeping and later takes it back without informing B, even with intentions to hold B liable for “losing” it, A has taken property belonging to another.
- Co-Ownership Dynamics:
- Co-owners can steal from each other (e.g., spouses, business partners, siblings).

Intent to Steal

Specific Intent Crime: Theft is classified as a specific intent crime, indicating that:
- The individual must intend to deprive the owner of possession of their property.
- An unintentional act of taking someone else's property cannot constitute theft.
- Example: If A mistakenly takes what they believe is their suitcase from a baggage carousel, the act is accidental. However, once A realizes the mistake and fails to return the suitcase, it constitutes theft.
- Another Example: When you borrow your roommate's concert tickets, attend the concert, and claim to return them saying, “I only borrowed them,” this raises the question of whether it represents theft.

Discussion Question

Scenario: Your roommate places her furniture outside for carpet cleaning. That night, a man and his friend take the furniture, thinking it was abandoned.
- Legal Inquiry: Is this taking classified as theft?

Legal Code Section § 7-104. General theft provisions

(a) A person may not willfully or knowingly obtain or exert unauthorized control over property if the person:
- (1) intends to deprive the owner of the property;
- (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
- (3) uses, conceals, or abandons the property knowing that such actions will likely deprive the owner of the property.
(b) A person may not obtain control over property by willfully or knowingly using deception if the person:
- (1) intends to deprive the owner of the property;
- (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
- (3) uses, conceals, or abandons the property with knowledge that such actions probably will deprive the owner of the property.

Chapter 14: Robbery, Burglary, and Related Crimes

Robbery

Definition: Robbery differentiates itself from common theft through the requirement of using force or the threat of force to remove property from the victim’s possession.
- Unlike theft, robbery can occur only in the presence of the victim and necessitates either:
- The use of force.
- The threat of force or intimidation.
Elements of Robbery:
- Must meet the same elements as theft offenses, plus others:
- The taking must occur in the presence of, or directly from, the victim.

Forcible Stealing in Robbery

For robbery to be classified as forcible stealing, force must be used “in the course” of the theft:
- Example: Placing a hand in another individual’s pocket to steal an item is theft; however, if you overcome the person’s struggle to prevent theft, it transitions to robbery.
- Comparison Example: Distinguish between robbery and pickpocketing—pickpocketing typically does not involve direct confrontation.

Threat or Intimidation in Robbery

If actual force is applied, no actual threat is needed; however:
- The mere threat of force is often sufficient to constitute robbery.
- The threat needs to imply immediate bodily harm;
- Future threats of harm typically result in extortion rather than robbery.

Aggravated or Armed Robbery

The severity of robbery charges can depend on:
- The value of stolen property.
- The nature of the threat posed to individuals involved.
Under various legal jurisdictions:
- The usage of a dangerous weapon during the crime relates to armed robbery.
- The weapon does not need to be authentic or functional; however, it must be brandished.
- In certain jurisdictions, actual infliction of serious bodily harm elevates the robbery to aggravated robbery status.

Legal Provisions for Robbery § 3-402

(a) Legislation prohibits committing or attempting to commit robbery.
(b) Conviction for robbery categorizes as a felony, with potential imprisonment not exceeding 15 years.
(e) The term “robbery” continues to retain its judicial meaning, which now includes:
- Obtaining the service of another through force or threat of force, and;
- Demonstrating intent to withhold another's property:
- Permanently.
- For a duration that results in appropriation of value.
- With focus on restoration only upon reward or payment.
- To use or deal with the property in a way that likely prevents the owner from recovering it.

Armed Robbery § 3-403

(a) Legislation prohibits committing or attempting robbery:
- (1) with a dangerous weapon; or
- (2) by displaying documentation claiming possession of a dangerous weapon.
(b) Violators face felony charges and potential imprisonment not exceeding 20 years.

Home Invasion

Definition: Home invasion demands unlawful entry into another’s dwelling with the intent to commit a crime where individuals are present, using force or threats.
- Home Invasion Aspect: Home invasion robbery refers to robbery targeting persons inhabiting a dwelling.
- Home invasion conceptually differs from burglary since it takes place while individuals are present in the home.

Burglary

Common Law Definition: Traditionally defined as breaking into another's dwelling during nighttime with the intention to commit a felony, but this definition has evolved under modern statutory interpretations.
- Modern Definition: Generally defined as unlawful entry into or remaining within a building with the intent to commit a crime.

Unlawful Entry

The term “unlawful” encompasses acts such as:
- Traditional forceful entry (e.g., breaking windows) and;
- Unprivileged entry, where the burglar enters without permission.
Criteria for Entry: Entry is established when any part of the burglar’s body or tools intrudes into the building, regardless of duration.
- Using a small child to access a space constitutes entry made by adult collaboration.
- Remaining behind after business closure equals unlawful entry.
- Employing any device to breach the boundary of a dwelling also qualifies as entry.

The Dwelling House of Another

Common law regarded the dwelling as “of another” primarily due to the notion of safeguarding one’s right to habitation, but modern statutes often remove this phrasing.
- Current interpretations rely on the principle of “unlawful” entry, which excludes entry into one’s own residence.
- One cannot commit burglary within their own home, even if the intent is criminal, due to the privilege of entry.
- Entry can become unprivileged, particularly in cases where protective orders deny access to one’s own residence or where lease agreements modify acceptable entry terms.

Legal Provisions for Burglary § 6-202

(a) Legislation prohibits breaking and entering another's dwelling with the intent to commit theft.
(b) Legislation prohibits breaking and entering another's dwelling with the intent to commit a violent crime.
(c) Conviction under subsection (a) results in felony charges for burglary in the first degree, with possible imprisonment up to 20 years.
(d) Conviction under subsection (b) comprises felony charges for home invasion, with possible imprisonment up to 25 years.

Possession of Criminal or Burglary Tools

Statutes across states criminalize the possession of tools intended for burglary.
- Common Elements of the Offense:
- The defendant must possess an implement deemed suitable or capable of use in committing burglary.
- The intent to utilize such tools for illegal entry with the aim of theft must be established.