CHAPTER ELEVEN

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CHAPTER ELEVEN

• CRIMES AGAINST PROPERTY

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Theft Offenses

• Larceny
• Embezzlement
• False pretenses
• Receiving stolen property
• Robbery
• Extortion

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Larceny

• Common law elements
• Wrongfully taking
• Carrying away
• The property
• Of another
• With intent to permanently deprive

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Larceny

• Actus reustaking and carrying away
• Levels of the crime
• What property does it apply to?
• What if you take it but dont intend to
  permanently deprive?

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Receiving Stolen Property

• Elements of New York law
• Knowingly
• Possesses stolen property
• With intent to benefit self or others
• Sonnier v. State

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Embezzlement

• Elements
• Acquire property lawfully
• Convert with intent to permanently deprive
• Examples

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False Pretenses

• Elements
• Deceit
• Victim relies on the lie to give the property
• Intent to permanently deprive

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Robbery

• Elements
• Taking
• Carrying away
• Property of another
• From their person or presence
• Immediate force or threats
• Intent to permanently deprive

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Robbery

• What types of threats?
• What about threats to property?
• What about threats to family member?
• State v. Curley

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Extortion

• Elements
• Threats of future harm
• Intent to permanently deprive
• Types of threats
• Future bodily harm
• Damage property
• Expose victim to shame or ridicule

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Forgery and Uttering

• Forgery
• Sign, make or alter
• Legal document
• With intent to deceive
• Uttering
• Transferring
• Legal document
• Intent to deceive

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Arson

• Common law rule
• Modern law includes
• Simply starting the fire
• Smoke damage
• Includes explosives

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Arson

• Mens rea
• Common lawmaliciously and willfully
• Modern lawintent to start the fire
• What property is included?
• Degrees of arson
• 1st degreeoccupied structures
• 2nd degreeunoccupied structures
• 3rd degreepersonal property

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Criminal Mischief

• Elements
• Destroy
• Damage
• May be intentional, knowing, reckless or
  negligent
• Commonwealth v. Mitchell

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Burglary

• Common law elements
• Breaking and entering
• Dwelling
• At night
• Intent to commit felony inside the dwelling
• Modern statutes
• Added remain unlawfully
• Added other structures
• Included daytime burglaries
• Doesnt have to be a felony

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Burglary

• What constitutes breaking and entering
• Unprivileged entry
• Structure v. dwelling
• Jewell v. State

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Burglary

• Reasons for nighttime requirement
• Easier to commit crimes at night
• Harder to ID suspects
• Victim more likely present
• Do you have to attempt or complete the crime
  intended?

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Identity Theft

• What is it?
• How its done
• Credit card
• Utilities
• Bank accounts
• Loans
• State v, Ramirez

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CRIMES AGAINST PROPERTY

• END CHAPTER ELEVEN