Theft

Question 1

Consolidation

Answer 1

growing tendency to consolidate larceny, embezzlement, false pretenses, and receipt of stolen goods under the single heading of theft
- Modern statutory crime

Question 2

Larceny

Answer 2

• a taking (obtaining control)
• and carrying away (asportation)
• of tangible personal property
• of another w possession
• by trespass
• w intent to permanently deprive that person of her interest in the property

Question 3

Possession

Answer 3

the property must be taken from the custody or possession of another
- if D had possession of the property at the time of the taking, the crime is not larceny (but may be embezzlement)

Question 4

Custody v. Possession

Answer 4

• D has possession if he was given discretionary authority over the property
• D has custody if he was given only limited authority

Question 5

Intent to Permanently Deprive

Answer 5

larceny requires that at the time of the taking defendant intended to permanently deprive a person of his property

Question 6

Insufficient Intent

Answer 6

Where the
- defendant believes that the property he is taking is his, or
- he intends only to borrow the property or
- intends to keep it as repayment of a debt,
no larceny exists

Question 7

When taking of the property is not wrongful

Answer 7

If the original taking was not wrongful and he decides later to keep it, it is not larceny
- ex. took property believing it was his own

Question 7

Continuing Trespass

Answer 7

if D wrongfully takes property w/o the intent to permanently deprive, and later decides to keep the property, he is guilty of larceny when he decides to keep it
- ex. borrows w/o permission

Question 8

Embezzlement

Answer 8

• the fraudulent
• conversion
• of personal property
• of another
• by a person in lawful possession of that property

Question 9

False Pretenses

Answer 9

1. Obtaining Title
2. To personal property of another
3. By an intentional false statement of a past or existing fact
   - With intent to defraud the other

Question 10

Larceny by Trick

Answer 10

The victim is tricked, by a misrepresentation of fact, into giving up mere custody of property

Question 11

Misrepresentation Requirement

Answer 11

The victim must be deceived by, or act in reliance on, the misrepresentation, and this must be at least a major factor of the victim passing title to the D