MBE Criminal Law - Property Crimes

Intent to permanently deprive

Intent to:

Keep the property;

Abandon the property;

Destroy the property; or

Hold the property for ransom

If D takes property without the intent to permanently deprive and then later decides to keep the property, D will be considered to have the latter intent at the time of taking (i.e. D will be guilty of larceny)

An honest belief of claim of right (no matter how unreasonable); or

The intent to restore the exact property

Trespassory taking of personal property;

In another’s possession;

And carrying the property away (even a small distance:0

With intent to permanently deprive the owner thereof

Even though D changed their mind, D will be guilty of larceny due to their original intent

No, it must be an unlawful taking to constitute larceny

Yes, if, at the time of finding D:

Intends to keep property that;

He either knows or has reason to know has a rightful owner

Under MPC §223.5, D is liable if “with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.”

⚠️ Note: The key difference between the MPC and common law is that under the MPC, the finder’s intent at the time of finding is irrelevant.

Fraudulently obtaining possession of property owned by someone else;

With intent to permanently deprive

Fraudulently obtaining title to property owned by someone else;

With intent to permanently deprive

Depends on the objective intent of the owner.

If the owner intends to get the object back, they are only transferring possession.

If they do not intend to get the object back, they are transferring both possession AND title.

Theft by false pretenses: D gains possession AND title of the object

Larceny by trick: D only gains possession of the object

Both require evidence that D obtained the property fraudulently (i.e. as the result of a false representation of material fact to the victim)

Fraudulent;

Conversion;

Of property;

Of another;

By someone in lawful possession of the property

Larceny (the unlawful taking of another’s property with the intent to permanently deprive);

From the person of another;

By force or threat of force

No, because robbery is larceny + force

Taking of money or property from another;

By threats of future harm to the victim or her property

Robbery: threat of immediate harm

Extortion: threat of future harm

Receiving control of stolen property;

With the knowledge that it is stolen;

With the intent to deprive the owner thereof

Making of a false writing;

With apparent legal significance;

With the intent to defraud

Breaking;

Entering;

Into the dwelling;

Of another;

At nighttime;

With specific intent to commit a felony therein

⚠️ Note: Most jurisdictions have dropped the requirement that the crime occur at nighttime.

Malicious;

Burning;

Of the dwelling;

Of another