Criminal Law - Theft Crimes Flashcards

Questions and Answers

What are the key criteria to analyze theft crimes?

How the defendant obtained the property (correct)

Whether the defendant acquired custody of the property (correct)

Whether the defendant intended to temporarily deprive the property

All of the above

What is larceny?

Unlawful taking of property in someone else's possession with the intent to steal.

An unlawful taking with the intent to temporarily deprive is considered theft.

False

What does the doctrine of continuing trespass establish?

Both A and C Signup and view all the answers

An honest mistaken belief negates the intent to permanently deprive.

True Signup and view all the answers

Does returning stolen property establish a lack of intent to steal?

No, because intent can exist at the time of taking. Signup and view all the answers

What constitutes abandoning stolen property?

Hoping it will return to the rightful owner Signup and view all the answers

What is embezzlement?

The unlawful conversion of property entrusted to the defendant with the intent to permanently deprive. Signup and view all the answers

Conversion involves transforming possession of someone else's property to your own, which can include _____, consuming, or damaging it.

selling Signup and view all the answers

What negates the fraudulent intent in a conversion defense?

An honest belief of claim of right or an intent to restore the exact property. Signup and view all the answers

What do the forms of control include?

All of the above Signup and view all the answers

What defines robbery?

Larceny accomplished by force or threat of force. Signup and view all the answers

Study Notes

Theft Crimes

Involve unlawfully taking property from a victim with the intent to deprive them permanently.
Analyzing theft requires understanding how property was obtained (trespass, delivery, trick), type of possession acquired (custody, possession, title), and intent to permanently deprive the owner.

Larceny

Defined as the unlawful taking of property from someone else's possession with the intent to steal.
Requires a trespassory taking and "asportation" of tangible personal property.
Intent to permanently deprive the owner is essential for constituting larceny.

Continuing Trespass

This doctrine states a trespass continues for the duration of possession.
If a defendant initially intends to use property temporarily but later decides to keep it, that intent correlates with the original unlawful taking.

Intent in Larceny

An honest but mistaken belief in one’s right to property negates the intent to steal, regardless of reasonableness.
Reckless handling of property that risks loss fulfills the intent to permanently deprive.

Returning Stolen Property

Returning property does not automatically rule out the intent to steal.
If a defendant intends to return property unconditionally and within a reasonable time at the time of taking, no theft occurs.
Prior intent to permanently deprive persists even if the property is returned later.

Abandoning/Selling Stolen Property

Abandoning stolen property hoping for its return qualifies as larceny.
Pawning stolen property can negate intent if the defendant planned to redeem it later.
Intention to pay for or replace the stolen property can also negate the permanently deprive element.

Embezzlement

Involves unlawfully converting property that has been entrusted to the defendant with intent to permanently deprive the owner.
Statutory definition includes misappropriation of tangible personal property already in lawful possession.

Conversion (as an embezzlement action)

Defined as transforming someone else's property for personal use in a way that seriously interferes with the owner’s rights.
Examples include selling, consuming, or damaging property; minor actions like slight movement do not qualify.

Conversion Defense

Intent to permanently deprive may be negated by an honest claim of right or intent to restore the exact property.
Substituting converted property with equivalent items still constitutes embezzlement.

Forms of Control

Title: Implies legal ownership and possession (e.g., buying a car).
Possession: Full control over property without requiring title (e.g., renting a car).
Custody: Physical control with limited use, often under strict conditions (e.g., test driving a car).

Robbery

Defined as larceny that involves force or threat of force.
An underlying larceny must exist to convict for robbery.
An honest mistaken belief of ownership can negate intent in robbery cases.

Description

Explore key concepts related to theft crimes in this flashcard quiz. Understand the criteria involved in analyzing these crimes, including how property is obtained and the intent behind the act. This resource is essential for law students and anyone interested in criminal law.