crim10
Terms
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- Larceny
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The tressepassory taking and carrying away of the personal property of another with the intent to deprive the other of the property permanently.
Elements:
1. The wrongful taking
2. And carrying away
3. Of personal property
4. Of another
5. With the intent to permanently deprive - Personal Property
- Anything but land and things attached to it
- Ownership
- Owning a car
- Possession
- Leasing a car
- Custody
- Borrowing someone's car
- Possession vs. ownership in larceny
- Larceny is directed at possession
- Two types of possession
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1. actual possession: An individual's actual physically possession of property.
2. constructive possession: One's interest after willingly giving up temporary physical possession of property but retaining legal ownership. - Embezzlement
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Crime against ownership. It consists of the conversion of property by someone to whom it has been entrusted. Another definition of embezzlement is the fraudulent conversion of property of another, where the fraudulent conversion has been made punishable by statute.
Elements:
1. Defendant was entrusted with the personal property of another in a lawful manner
2. Defendant fraudulently converted the property - Purpose of embezzlement
- To cover situations in which there was a legal taking of property that was later wrongfully converted to the defendant's use
- Difference between embezzlement and larceny
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larceny: There is no right to the property
embezzlement: The property is entrusted - What is the core of embezzlement?
- The violation of trust
- False pretenses
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The act of obtaining title to property by making a material false representation with the intent to permanently deprive the owner of possession.
Elements:
1. Obtaining title to property
2. By making a material false representation
3. With the intent to permanently deprive the owner of possession - The core of false pretenses
- The owner is induced to the transfer of the property based on false pretenses
- Receiving stolen property
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Consists of a number of different legal concepts in addition to and separate from merely receiving stolen property. It includes receiving, concealing, continuing possession, buying, and transferring of stolen property.
Elements:
1. Receiving, concealing, possessing, purchasing, or transferring stolen property
2. With the knowledge that the property is stolen - Forgery
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Falsely making, materially altering, or uttering a writing that, if genuine, would either have legal efficacy or be the foundation of legal liability, with intent to defraud or prejudice the rights of another.
My be committed by:
1.Creating a wholly new false document
2.Significantly altering an existing document
3. Endorsing a check or other instrument
4. Filling in blanks on a check or other instrument when not authorized to do so.
Elements:
The writing, signing, making, or altering an instrument
1.Falsely writing, signing, making, or altering an instrument
3. That if true would have legal significance
3. With the intent to defraud
Passing, attempting to pass, uttering, or giving a false instrument
1. Passing, attempting to pass, uttering, or giving a false instrument
2. That if true would have legal significance
3. With the knowledge that the instrument is false