1. A. Larceny (specific intent crime)
1.1. 1. Wrongful taking; and
1.1.1. i.e. without consent: by trespass or by misrepresentation(i.e. larceny by trick)
1.2. 2. Carrying away
1.2.1. slightest movement will satisfy
1.3. 3. Of another's tangible personal p.
1.3.1. transfer of title is not required; only lawful possession
1.4. 4. With the intent to permanently deprive
1.4.1. intent must be present at the time of taking (concurrence principle)
1.4.1.1. Exception: Mistake - Recovery of one's property or Property of another who authorized recovery.
1.4.1.2. Continuing Trespass - guilty even if the original taking was not done with the intent to permanently deprive.
1.4.1.3. Taking with Intent to Risk Property = guilty
1.5. Defenses
1.5.1. Intent to Return the Property - no guilty
1.5.2. Continuing Trespass - if D wrongfully takes property without the intent to permanently deprive - D is guilty of continuing trespass; if D then decide to keep the property then D is guilty of larceny.
1.5.3. Mistake of fact - even if unreasonable - not guilty
2. B. Embezzlement (specific intent crime) TITLE DOES NOT PASS
2.1. 1. Fraudulent Intent
2.1.1. D must intend to defraud
2.1.1.1. Defense = Intent to restore the EXACT property - not guilty; SUBSTANTIALLY SIMILAR - guilty; money not substantially similar - guilty;
2.2. 2. Conversion
2.2.1. D is converting the goods to her own use; breach of fiduciary duty;
2.3. 3. Of another's personal property
2.3.1. Property must belong to someone else
2.4. 4. By a person in lawful possession
2.4.1. i.e. fiduciary relationship or a trust agreement; e.g. accountants; lawyers; distinguish between Low-Level (paralegal, a banker teller - larceny) v High-Level employees (bank president; partner)
3. C. False Pretenses (specific intent crime) TITLE PASSES
3.1. 1. Obtaining title
3.1.1. Once title has passed the D cannot be found guilty of larceny or embezzlement
3.2. 2. To another's Property
3.2.1. Property must belong to someone else
3.3. 3. By intentional False Statement of PAST OR PRESENT FACT
3.3.1. Statement of Future events and opinion not included
3.3.2. Commercial puffery - not false pretenses
3.4. 4. With intent to defraud
3.4.1. D must intent that V relies on the false statement; if D subjectively believed the Property belong to them - not guilty;
3.4.2. D has knowledge of a particular fact when D is aware of a HIGH PROBABILITY of the fact's existence and deliberately avoids learning the truth; some states reject this willful blindness and require actual knowledge.
4. D. Robbery
4.1. 1. Larceny +
4.1.1. From the Person or Presence of the Owner (i.e. taking from a location reasonably close to the victim)
4.2. 2. By force or threat of immediate harm
4.2.1. Physical force or threat of IMMEDIATE harm against a person. FUTURE harm does not meet the test; V must be aware of intimidation (you cannot be asleep or unconscious - that would be larceny)
5. E. Forgery
5.1. 1. Making (creating a doc) or Altering (an existing doc)
5.1.1. e.g. signing a letter on behalf of someone and obtaining money; e.g. writing a bad cheque;
5.2. 2. Of writing with apparent legal significance
5.2.1. scribbling on a napkin - not guilty
5.3. 3. So that it is false
5.4. 4. With intent to Defraud
5.4.1. guilty even if no one was defrauded; the forged doc does not have to be used, only the creation of it is enough to be found guilty
6. F. Extortion (Blackmail)(specific intent crime)
6.1. 1. Threat of future harm
6.1.1. to cause harm or expose information
6.1.1.1. #Roberry : no requirement to take the property be taken from someone's presence or person; future harm is sufficient; in addition to physical threats, economic and reputational are sufficient;
6.2. 2. Specific Intent to Cause Another Person to cede Property
6.2.1. threat made with the specific intent to make the owner cede the property
7. G. Receiving Stolen Property (specific intent crime)
7.1. 1. D receives stolen property
7.2. 2. Knowledge that the property is stolen
7.2.1. heavily tested - e.g. economic incentive Rolex
7.3. 3. Specific intent to deprive the true owner of the property
7.3.1. mistake/unreasonable mistake = not guilty
8. H. Burglary (specific intent crime)
8.1. 1. Trespassory Breaking & Entering (unlawful entry)
8.1.1. obstruction to entrance must be overcome
8.1.2. momentary intrusion of any part of the body is sufficient i.e. intrusion of a part of a hand to open an window or a food kicking out a door
8.2. 2. Into the dwelling of another
8.2.1. a place where another person regularly sleeps; e.g. a store with a room upstairs; modernly extended to any structure;
8.3. 3. At night time
8.3.1. 30 min after sunset and 30 min before sunrise;
8.4. 4. With the specific intent to commit a felony there (usually larceny)
8.4.1. D must have this intent in mind at the time of entry; if you are just curious - not guilty; if you change your mind later - larceny
8.4.2. recovery of one's property of another who authorized recovery - taking property in honest mistake that property belongs to someone who authorized them to take it - not guilty
9. I. Arson
9.1. 1. Malicious
9.1.1. Intentional or reckless disregard of an obvious or known risk;
9.2. 2. Burning
9.2.1. damage must have been caused by the fire, including charring (even slightly)
9.3. 3. Another's dwelling (common law) [ modern law = any structure]
9.3.1. a place where a person regularly sleeps; i.e. look for a bed;
9.3.2. Modern law - any structure will suffice; in an essay exam discuss both - heavily tested;