24 terms

Criminal Law: Property Crimes: Theft Offenses

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What are the COMMON LAW THEFT OFFENSES?
The common law Theft Offenses are:
1. Larceny
2. Embezzlement
3. False Pretenses
4. Larceny by Trick
5. Robbery
6. Forgery
What is COMMON LAW LARCENY?
Common Law LARCENY is the
TRESPASSORY
TAKING and CARRYING AWAY of
the PERSONAL PROPERTY of ANOTHER
With the INTENT TO PERMANENTLY RETAIN the propery
What is the "ERRONEOUS TAKINGS" Rule?
The ERRONEOUS TAKINGS rule says that
A taking under a CLAIM OF RIGHT
is NEVER larceny
even if D is wrong in thinking the property belongs to him
What is the requisite mental state for COMMON LAW LARCENY?
Common Law larceny requires the SPECIFIC INTENT to PERMANENTLY RETAIN THE PROPERTY
What is CONTINUING TRESPASS?
CONTINUING TRESPASS creates an exception to the CONCURRENCE PRINCIPLE.
The idea is that if at the time D wrongfully TAKES the property he does NOT have the intent to "permanently retain" it but he LATER FORMS THAT INTENT, the initial trespassory taking will be said to have CONTINUED so that it occurs at the same time as the requisite mental state of intent to retain permanently.
What is COMMON LAW EMBEZZLEMENT?
Common Law EMBEZZLEMENT is
CONVERSION of
the PERSONAL PROPERTY OF ANOTHER
by a PERSON ALREADY IN LAWFUL POSSESSION of that property
with the INTENT TO DEFRAUD
What is the requisite mental state for Common Law EMBEZZLEMENT?
The requisite mental state for Common Law EMBEZZLEMENT is the SPECIFIC INTENT TO DEFRAUD

**Note: If D intends to give the exact property back in the exact form, he will not have the intent to defraud**
What is the difference between Possession and Custody?
The difference between Possession and Custody is that Possession involves more than Custody because it requires the authority to EXERCISE SOME DISCRETION over the property
What is the crime of FALSE PRETENSES?
FALSE PRETENSES is
OBTAINING TITLE to
the PERSONAL PROPERTY OF ANOTHER
by an INTENTIONAL FALSE STATEMENT
with the INTENT TO DEFRAUD
What is the requisite mental state for FALSE PRETENSES?
False Pretenses requires the SPECIFIC INTENT TO DEFRAUD
What is the difference between FALSE PRETENSES and LARCENY?
The difference between False Pretenses and Larceny is that
in LARCENY D only gets CUSTODY of the property,
in FALSE PRETENSES D gets TITLE to the property
What is the crime of LARCENY BY TRICK?
LARCENY BY TRICK is when D obtains only CUSTODY, not title, as a result of an INTENTIONAL FALSE STATEMENT
What are the elements of COMMON LAW ROBBERY?
The elements of Common Law ROBBERY are
LARCENY
from the PERSON OR PRESENCE OF ANOTHER
by FORCE or THREAT of immediate force

(***Note: Hear "robbery", think "Larceny +2")
What is the requisite mental state for ROBBERY?
ROBBERY requires the SPECIFIC INTENT TO STEAL
What are the elements of FORGERY?
The elements of FORGERY are
MAKING or ALTERING A WRITING
so that IT IS FALSE
with the INTENT TO DEFRAUD
What is the requisite mental state for Forgery?
FORGERY requires the SPECIFIC INTENT TO DEFRAUD
If you cash a forged check, what crimes have you committed?
If you cash a forged check, you have committed forgery just by writing out the check. Once you cash the check, you have also committed FALSE PRETENSES because you have obtained title to property by an intentional false statement (obtained title to cash by using false check)
What are the NEW YORK THEFT CRIMES?
The NEW YORK THEFT CRIMES are just LARCENY and ROBBERY
What is LARCENY in NEW YORK?
In NEW YORK, LARCENY includes any of the following common law crimes:
LARCENY
EMBEZZLEMENT
FALSE PRETENSES
LARCENY BY TRICK

The degrees of Larceny depend on the amount of money involved, not the form of the crime
What is 3rd Degree LARCENY in NEW YORK?
In New York, 3rd Degree Larceny = $3,000 to $50,000
What is 3rd Degree ROBBERY in NEW YORK?
In New York, 3rd Degree ROBBERY is FORCIBLE STEALING
What is 2nd Degree ROBBERY in NEW YORK?
In New York, 2nd Degree ROBBERY is FORCIBLE STEALING
PLUS one of the following:
D had an ACCOMPLICE actually present, or
The victim is INJURED, or
it is a CARJACKING
What is 1st Degree ROBBERY in NEW YORK?
In New York, 1st Degree ROBBERY is FORCIBLE STEALING
PLUS one of the following:
victim is SERIOUSLY INJURED (New York Felony Murder Rules Apply), or
D uses or displays a GUN
What is an affirmative defense to 1st Degree ROBBERY committed WITH A GUN in NEW YORK?
It is an affirmative defense to 1ST DEGREE ROBBERY IN NEW YORK if the D can prove that the GUN WAS UNLOADED OR INOPERABLE