Criminal Law Flashcards
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Read the first 7 Criminal Law flashcards as text
Under common law, larceny is defined as:
Answer: Trespassory taking and carrying away of another's personal property with intent to permanently deprive
Common law larceny requires a trespassory taking and asportation of another's personal property with specific intent to permanently deprive the owner.
What element distinguishes robbery from simple larceny?
Answer: Force or intimidation used in taking the property from the victim's person or presence
Robbery is larceny aggravated by force or threat of immediate force against the victim, making it a crime against the person.
At common law, burglary requires breaking and entering a dwelling house:
Answer: At nighttime, with intent to commit a felony therein
Common law burglary requires nighttime breaking and entering of another's dwelling with intent to commit a felony inside.
Embezzlement differs from larceny primarily because:
Answer: In embezzlement, the defendant lawfully obtained possession before fraudulently converting the property
Embezzlement involves fraudulent conversion of property the defendant already lawfully possesses, whereas larceny involves a trespassory taking.
Common law extortion is best described as:
Answer: Obtaining property from another through threats
Extortion involves obtaining property through threats, which may include future threats, distinguishing it from robbery's requirement of immediate force.
Under the MPC, theft by deception occurs when a person:
Answer: Purposely obtains property of another by creating a false impression
The MPC's theft by deception requires purposely creating a false impression in the victim's mind to obtain property.
At common law, receiving stolen property requires that the defendant:
Answer: Actually knew the property was stolen at the time of receipt
Receiving stolen property requires actual knowledge that the goods were stolen; mere suspicion or constructive knowledge is insufficient.
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