What are the types of Theft?
- Larceny
- Embezzlement
- False Pretenses
Define Larceny and its elements.
The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner of it. Four elements must be met:
- Trespassory - taker has no right to use the property, no consent of the owner
- Asportation - Carrying Away of personal property
- From the possession of the owner
- Intent to deprive - must have intent to permanently deprive the owner of his property
- Concurrence- the acts must have concurrence between each other, must intend to deprive at the time of taking away(if you are given a laptop to borrow, and later decide to keep it, this is not larceny).
Define Embezzlement.
The intentional conversion of the property of another by someone who is already in lawful possession of it.
Conversion is an act that seriously interferes with the owner’s ability to use the property (using something up, selling it, giving it away, causing serious damage to it, etc)
What is theft by false pretense?
Knowingly and designedly by false pretense obtainingtitle to property from another.
What are the 5 elements required for Burglary
- Breaking
- Entering
- Dwelling house (house or structure where one usually sleeps)
- At nighttime
- With the intent to commit a felony within (mental state)
(Eichman, roof not entering, must be within the walls)
What are the elements of Robbery?
- Taking
- of personal property in the possession of another
- from hisperson or immediate person, and against his will
- accomplished by means of force(or fear)
- with felonious intent
