Criminal Law Deep Dive: Property Crimes and Crimes Against the Habitation — Larceny, Embezzlement, False Pretenses, Robbery, Burglary, and Arson
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🎧 EPISODE SUMMARY 🎧
Property and habitation crimes turn on precise boundaries and statutory elements.
Theft offenses distinguish between custody (limited control), possession (rightful control), and title (ownership).
Larceny requires: (1) trespassory (2) taking and (3) carrying away of (4) tangible personal property (5) of another with (6) intent to permanently deprive.
Intent is defeated by borrowing or a claim of right. Under the continuing trespass doctrine, forming intent after a wrongful taking completes larceny.
Embezzlement is the fraudulent conversion of property by one in lawful possession, with intent to defraud.
Fraud-based crimes depend on what interest passes:
Larceny by Trick: Obtaining possession only by fraud with intent to steal.
False Pretenses: Obtaining title via intentional false misrepresentation with intent to defraud.
Receiving Stolen Property requires taking control of stolen property, knowing its status, to permanently deprive.
Forgery is making or altering a false writing with intent to defraud. Uttering is offering it as genuine.
Robbery is larceny from a person or presence by force or threat of immediate harm. Extortion involves threats of future harm.
Common Law Burglary is breaking and entering a dwelling at night with intent to commit a felony. Modern burglary requires only unlawful entry into any structure with felony or theft intent.
Common Law Arson is the malicious burning (charring) of another's dwelling. Modern arson extends to any structure or vehicle.
Key exam diagnostic steps:
Determine if custody, possession, or title passed.
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