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Theft crimes - MD
MD: the state has consolidated theft crimes into a single statutory crime called theft.
- (1) taking (2) property of another (3) without consent and (4) with the intent to permanently deprive.
- If intent to return, then no intent to permanently deprive.
- Movement is any picking up and moving from its original position, however slight.
- Consent must be real, and not obtained by fraud or force.
- (1) Taking of anothers property (2) and converting it for his own use (3) in the course of employment.
- Custody is possession of property that belongs to your employer but the employer has no grounds for claim to constructive possession.
- Larceny will trump embezzlement.
Larceny by trick (SI)
- (1) Taking or carrying away (2) possession of another (3) by fraud or trick (4) with intent to permanently deprive.
- This is larceny where consent is obtained by fraud or trick, or through borrowing with no intention of returning.
- The defendant must know of the fraud or trick at the time the possession is obtained.
False pretenses (GI)
(1) a false representation of a material past or existing fact (2) which the person making the representation knows is false (3) upon which the complaining witnesses relies upon and (4) gives something of value to defendant.
MD: Receiving Stolen Goods.
- Illegal to receive stolen goods.
- May be implied if the defendant receives goods at a price far below reasonable value so the goods are very likely to have been stolen.
- If part of an undercover sting operation, it is not a defense that the goods are not actually stolen.
- (1) making of a false document (2) with the intent to use it for fraud.
- Can be any kind of document, such as a painting.
MD: Identity Theft.
Stealing personal identifying information of another (1) for any financial benefit, (2) to annoy/threaten/embarrass/harass, or (3) to avoid apprehension.
- (1) taking and carrying away of (2) the property of another (3) from a victim or from within his presence (4) through force or threat of imminent force (5) with intent to permanently deprive.
- This is larceny + assault.
Robbery with threat of future harm.
MD: Robbery with a dangerous and deadly weapon.
Assault + Larceny + Deadly weapon such as firearms, knives and hammers.
Assault + Larceny + Taking of a Car.
Burglary Common law (SI)
(1) breaking and entering (2) into the dwelling of another (3) at night (4) with the intent to commit a felony therein.
Burglary Modern law (SI)
(1) breaking and entering (2) into the property of another (3) with an intent to commit a felony therein.
- Breaking can involve pushing open or obtaining entry by fraud.
- A defendant may have a license to be on the property but exceed the license.
- Entering involves breaking the plane of the dwelling, such as sticking your hand through a window.
- First degree: (1) breaking and entering (2) into the dwelling of another (3) with the intent to commit a serious offense or crime of violence.
- Second degree: (1) breaking and entering (2) into the premises or storehouse of another.
- Third degree: (1) breaking and entering (2) into the dwelling of another (3) with the intent commit any crime.
- Fourth degree: being found on the property of another; trespassing or possessing burglars tools.
- Rogue and Vagabond: (1) possession of burglars tools (2) with the intent to break and enter into a motor vehicle.