Crim Law 6

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Author:
paul
ID:
23571
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Crim Law 6
Updated:
2010-06-14 22:43:20
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Theft Related Offenses
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Crim Law 6 - Theft-Related Offenses
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  1. COMMON LAW THEFT CRIMES

    LARCENY

    1) Elements
    2) Erroneous Takings Rule
    1) ELEMENTS—trespassory taking and carrying away of the personal property of another, with the intent to steal

    • TRESPASSORY—wrongful or w/o permission
    • TAKING/CARRYING AWAY—must be MOVED
    • PERSONAL PROPERTY—key is POSSESSION (not legal title)
    • INTENT TO STEAL—specific intent to effect a PERMANENT taking

    2) A taking under a "CLAIM OF RIGHT" is never larceny
  2. COMMON LAW THEFT CRIMES

    LARCENY

    Continuing Trespass Rule?
    • ∆ WRONGFULLY takes property, but w/o specific intent to steal at time of physical act, and
    • ∆ LATER forms intent to steal

    Result—initial trespassory taking is considered to have "continued," and ∆ will be guilty for larceny
  3. COMMON LAW THEFT CRIMES

    EMBEZZLEMENT

    1) Definition
    2) Required mental state
    3) Key difference from larceny
    1) DEFINITION

    • CONVERSION of
    • PERSONAL PROPERTY of another person
    • by a person ALREADY IN LAWFUL POSSESSION of that property
    • with INTENT TO DEFRAUD

    2) SPECIFIC INTENT TO DEFRAUD

    3) KEY DIFFERENCE FROM LARCENY—∆ already has LAWFUL POSSESSION
  4. COMMON LAW THEFT CRIMES

    EMBEZZLEMENT

    What is the difference between POSSESSION and CUSTODY?
    CUSTODY—custody of property

    POSSESSION—custody plus AUTHORITY to exercise DISCRETION over the property
  5. COMMON LAW THEFT CRIMES

    FALSE PRETENSES

    1) Defined
    2) Key difference from larceny
    1) DEFINED

    • Obtaining TITLE to the personal property of another, by an
    • INTENTIONALLY FALSE STATEMENT (not a future promise)
    • with the INTENT TO DEFRAUD

    2) KEY DIFFERENCE FROM LARCENY—∆ gets TITLE, while in larceny ∆ only gets possession
  6. COMMON LAW THEFT CRIMES

    LARCENY BY TRICK
    When ∆ obtains ONLY POSSESSION, but not TITLE, as a result of intentional false statement
  7. COMMON LAW THEFT CRIMES

    ROBBERY

    1) Elements
    2) Required mental state
    1) ELEMENTS

    • a LARCENY
    • from another's PERSON or PRESENCE1
    • by FORCE2 or threat of IMMEDIATE3 injury

    2) SPECIFIC INTENT TO STEAL

    1Presence includes V's vicinity or from V's house while V is in it

    2Force means sufficient to overcome resistance

    3Threat must be immediate (e.g., "your money or your life"), not a promise of future injury, or embarrassment ("I'll post those pictures of you on FB")
  8. NEW YORK THEFT CRIMES

    LARCENY

    1) Definition

    2) Degrees
    1) DEFINED—Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick at common law is considered LARCENY in NY

    • 2) DEGREES3RD > $ 3,000 ("starting point")
    • 4TH > $ 1,000
    • 2ND > $500,000
    • 1ST > $ 1 MM
  9. NEW YORK THEFT CRIMES

    ROBBERY

    1) 3rd degree?
    2) 2nd degree?
    3) 1st degree?
    1) ROBBERY-3 (DEFAULT)—"FORCIBLE STEALING"

    2) ROBBERY-2—"forcible stealing" plus any one of the following

    • ∆ is AIDED BY ANOTHER actually present, OR
    • victim is INJURED, OR
    • CAR is stolen

    3) ROBBERY-1—"forcible stealing," plus any one of the following

    • victim is SERIOUSLY INJURED
    • ∆ uses or displays a FIREARM†

    †if ∆ can prove that the gun was UNLOADED or INOPERABLE, the crime is reduced to Robbery-2
  10. MISC. THEF-RELATED OFFENSES

    FORGERY

    1) Elements
    2) Required mental state
    1) ELEMENTS

    • MAKING or ALTERING a writing
    • so that it is FALSE

    2) INTENT TO DEFRAUD
  11. MISC. THEF-RELATED OFFENSES

    UTTERING

    1) Elements
    2) Required mental state
    1) ELEMENTS

    • OFFERING as genuine
    • a FORGED instrument

    2) INTENT TO DEFRAUD
  12. MISC. THEF-RELATED OFFENSES

    MALICIOUS MISCHIEF†

    1) Elements
    2) Required mental state
    1) ELEMENTS—DESTROYING or DAMAGING someone else's property

    2) INTENT TO DEFRAUD

    †NY calls this crime "criminal mischief"
  13. POSSESSION OFFENSES

    1) Elements
    2) Constructive Possession
    3) Required Mental State
    1) POSSESSION means

    • CONTROL of a CONTRABAND
    • for a period long enough to have an OPPORTUNITY TO TERMINATE POSSESSION

    2) CONSTRUCTIVE POSSESSION—∆ can exercise DOMINION and CONTROL over contraband

    3) REQUIRED MENTAL STATE—KNOWLEDGE

    • that contraband item is POSSESSED, and
    • of the CHARACTER of the item

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