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Summary

This chapter covers property crimes, including trespassing and larceny....

Description

Property crimes Theft ●

A general term embracing a wide variety of misconduct by which a person unlawfully derives items from another Larceny ● The wrongful taking of personal property from the possession of another ● Common law said it needed to be tangible item house vs deed ○ 1) Trespassory taking ■ Taking without the consent of the victim ○ 2) And carrying away ■ Asportation ○ 3) Of personal property of another ■ Property that is free and clear of all attachments may still be stolen by its rightful owner if it is in the possession of another ● Custody over an item is not the same thing as ownership or possession ○ 4) With intent to steal ■ .larceny is a crime that can only be committed intentionally ■ Offender intends to wrongfully deprive one who lawfully has possession of an item to the continued useful possession of that item ● Defense ○ Lack of intent/ borrowing ○ Belief of ownership ● VS. lost/mislaid property and misdelivered property

Embezzlement ● The unlawful conversion of the personal property of another by a person to whom it has lawful possession of the property ○ An accountant has possession of funds and moves to personal accounts False pretenses ● Knowingly and unlawfully obtaining title to and possession of the lawful property of another by means of deception and with intent to defraud ○ Paying for and gain the title for a car with a worthless check ● Defenses mostly common law ○ The gullible victim and should have been wary ○ No monetary loss to the victim ○ No intent to defraud ● If the defendant believes his/her representation is true, there was no intent to defraud. Forgery ● Is the making of a false written instrument or the material alteration of an existing genuine written instrument

○ 1) false signature or material altering ○ 2) signed or altered without authority ○ 3) of a writing or other instrument the if genuine, would have legal significance ○ 4) With intent to defraud Receiving stolen property ● If the property in question has not been stolen, then the crime of receiving stolen property cannot take place ○ The defendant must know that the property was stolen Robbery ● Is the unlawful taking of property that is in the immediate possession of another by force or threat of force ○ Aggravated larceny ○ Elements ■ 1) felonious taking of personal property ■ 2) from the person or immediate presence of another ■ 3) against the will of the victim ■ 4) and accomplished by means of force or by putting the victim in fear ○ Most jurisdiction, robbery require either using or threatening to use force or putting the victim in fear ■ Some recognize various degrees ● 1st degree is usually armed robbery or seriously injured ● 2nd degree is no weapon or not seriously injured ○ What constitutes a deadly weapon ○ What constitutes a serious injury ● Defenses ○ No force/insufficient force ○ Not taken from person/immediate area ○ Failure to prove harm Extortion ● Taking of personal property by threat of future harm ○ A threat to the victim or victim’s family Value and nature of property for grading theft crimes Burglary ● 1) Breaking ○ Does not need to be actual damage to the structure ○ Slightest force must be used ■ Even to open door ● 2) And entering ○ Tresspassory ● 3) Of a building, locked automobil, and so on

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○ The crime committed upon entry 4) With the intent to commit a felony or theft ○ Does not need to be carried out, already Degrees ○ 1st degree ■ Nighttime ■ Home currently occupied ○ 2nd degree ■ All other crimes Defense ○ Open to public ○ Lawful entry ○ Not actually breaking in ○ The property belonged to him/her ○ Failure to prove intent

Criminal Trespass ● The entering or remaining on the property or in the building of another when an entry was forbidden Criminal Mischief ● Intentional or knowing damage or destruction of the tangible property of another ○ Committed by those who deface or destroy property Arson ● Knowing and malicious burning of the personal property of another or of one’s own property if the purpose is to collect insurance money ○ Arson cannot be committed by negligent or reckless conduct and there is no felony arson rule...