Crim Law

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Author:
mbdavis707
ID:
288573
Filename:
Crim Law
Updated:
2014-11-16 04:50:03
Tags:
Crim
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Description:
Crim
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  1. Larceny
    • 1. A trespassory
    • 2. taking 
    • 3. and carrying away
    • 4. of the property
    • 5. of another
    • 6. with the intent to deprive the owner
    • of the property
    • 7. permanently.

    MPC-No Carry Away (CA needs carrying)
  2. Mislaid Property
    Larceny+

    • 8.at time finder took it, he had intent to deprive owner permanently of the
    • property.

    • 9. At the time finder took it, he had a clue owner could reasonably
    • be found and

    MPC-No intent at time. Ultimate Intent
  3. Lost Property
    Larceny+

    8.at time finder took it, he had intent to deprive owner permanently of the property. 

    9. At the time finder took it, he had a clue owner could reasonable found

    MPC-No intent at time. Ultimate Intent
  4. Larceny by trick (No Title)
    Larceny+

    8.Deceptive means used to get possession of title (transfer).
  5. Embezzlement
    • 1. Fraudulent
    • 2. appropriation
    • 3. of property
    • 4. of another
    • 5. by one entrusted w/ possession
  6. False pretenses (Title/Ownership)
    • 1. Misrepresentation
    • 2. of present or past material fact
    • 3. w/ the intent at the time to defraud victim
    • 4. where victim relies on misrepresentation
    • 5. in transfering title
  7. Receiving stolen goods
    1.    Received, concealed, or withheld by accused

    2.    must know property was stolen
  8. Mason Rule
    1. Did not intent to deprive permanently

    • 2. Stole fungible and gave substitute
    • (money or item) no intervening
  9. Robbery
    Larceny+

    8. taking by force or putting victim in subjective fear of IMMEDIATE bodily injury (or 3rd person 

    • 9.From the person or (immediate) presence and
    • control of person
  10. Armed Robbery
    Robbery+

    10. While possessing a dangerous weapon
  11. Robbery-1st degree MPC
    Theft+

    1. the D attempts to kill anyone or

    2.purposefully inflicts or attempts to inflict serious bodily injury.

             Even in flight.
  12. Public official extortion
    1. Money or property

    2. Obtained

    3. Under color of office
  13. Burglary C/L
    1.     Breaking and

    2.     Entering

    3.     the dwelling house

    4.     of another person

    5.     in the nighttime (1st degree)

    6.     w/ intent to commit a felony
  14. Burglary Modern
    1.     Unauthorized entering (CA for that purpose) (MPC trespass entering)

    2.     Of a building/structure 

    3.     w/ intent to commit any crime (felony or larceny in CA)
  15. Robbery-2nd Degree MPC
    Theft+

    1. Inflicts serious bodily injury or

    2. Threatens with or puts victim in fear of IMMEDIATE serious bodily injury or

    3. threatens to commit ANY felony

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