Burglary & Theft

Burglary & Theft

Burglary

Protection Policy
1. Protect home / habitation
  1. Not matter who owns, but who lives in homes
2. Habitants must protect house as best as possible
  1. Chimney is as protected
  2. Open door isn't & pushing open door isn't breaking @ C/L but is in modern
Eng. C/L Elements
1. Breaking
  1. Must B breaking in entry, not exit
  2. Ways 2 Break
    1. Break plane of protective shell of house
      1. Opening unlatched door is breaking
      2. Can break inside the house (like bedrm. door)
    2. Unauth'ed entry / trespass (ex. of using key 4 wrong rsn)
    3. Constructive breaking
      1. Entry by active deception / threat of force
2. Entering
  1. Must B result of breaking
  2. Ways 2 enter
    1. Any intrusion of body part
    2. Intrusion of instrument used 4 commission of crime
3. Dwelling House
  1. Not matter if away 4 a short X (vacation, job, etc.)
  2. Area around dwelling house / curtilage is protected
    1. Need 2 B bldg / attached 2 house
    2. Need 4 walls & roof
4. Of Another
  1. Can't B occupants / residents
5. At Night
  1. Night X det'ed on whether man's countenance can B discerned by nat. light
  2. Breaking & entry not have 2 B @ same night
6. With Intent 2 Commit a Felony
  1. Felonious intent inside house (gen'ly theft)
  2. Must have intent @ moment of entering
CA
1. Entry
  1. Entry of any instrument enough
2. Dwelling House
  1. Expanded 2 incl. a lot of stuff & busi.
  2. Still need 4 walls & roof
3. Of Another
4. W /Intent 2 Commit Felony
  1. Any theft ok though but not incl. any other msdr.

Robbery

Elements
1. Larceny
2. From Person / Presence of Another
  1. From person if dir'ly on the person
  2. Presence if near the person
3. By Means of Force / Fear
  1. Force
    1. More than just taking prop. from person
    2. In C/L had 2 B in taking but MPC, CA, & all state say ok 4 get away b/c crime compl. @ get away
  2. Fear if
    1. Threats of serious imm. bodily harm / death
    2. V was subj'ly afraid /
    3. V aware of risk even if not actually afraid

Larceny

C /L Elements
1. Actus Reus
  1. Trespassory
    1. Wrongful act / act w/o consent
      1. In taking
      2. Against somebody else's legal poss'n
        
        Custodian
        
        Can trespass against rt'ful poss'r
        If have it only 4 limited X & purpose (shopper)
        
        If prop. ID'able 2 owner when found, constructive poss'n w/true owner
        Realizing & keeping prop. given by mistake ($)
    2. Trickery in taking (larceny by trickery)
    3. Not trespass if
      1. Keep the prop. which U can't find owner
      2. Pick up another's prop. w/intent 2 give back
  2. Taking
    1. Need dominion & control over obj. 4 poss'n
    2. Need phys'al act manifesting adverse intent
  3. Carrying Away
    1. Slightest movement suff.
2. Mens Rea
  1. Intent 2 Steal / Deprive Poss'or Perm'ly
    1. If creates subst'l risk so owner might never get prop. back, equiv. 2 deprive perm'ly
    2. Must coincide w/act unless there's cont'ing trespass & intent formed later
    3. If borrow
      1. Never return is perm. deprivation
      2. Return then not perm. depriv.
      3. Take something else 4 loaned prop., split of auth.
    4. If stole prop.
      1. Take what is believed mistakenly as yours, then no intent
3. Other Elements
  1. Pers'al Prop.
    1. Not incl.
      1. Real prop.
      2. Valid K's
      3. Serv's
      4. Wild animals / animal of base nat.
    2. Can incl. movable real prop. severed by 2 step process so they can B pers'al prop.
  2. Of Another
    1. Must B somebody else's legal poss'n
      1. Owner not nec'ly have poss'n
      2. Even thief can have poss'n
Modern
1. Trespassory
  1. Finders rule 'ed so MPC req. 2 do more 2 find orig. owner
2. Taking
3. Carrying Away
  1. Maj. & MPC elim. movement but not CA
4. Pers'al Prop.
  1. Incl's
    1. Any movable prop., incl'ing real
    2. K (est'ing rt. which the doc. rep's)
    3. Serv's
5. Of Another
6. Intent 2 Steal / Deprive Poss'or Perm'ly
  1. Try 2 find larceny based on intent alone
  2. If take prop. & return another similar prop., then not larceny if in busi. store (MPC)
Grand Larceny
1. Series of Petty Theft = Grand Larceny
  1. Common scheme & common V
2. Amt over $400
3. Taking from person

False Pretenses

Elements
1. False Rep. of Present / Past Fact
  1. Can B explicit / implicit
  2. Prom. of future
    1. Before treated as misrep. of future fact
    2. Trend 2 treat as misrep. of present fact 4 D's present S/M (MPC & CA)
2. Causes V 2
3. Pass Title 2 Wrongdoer
  1. Could B equit. title (9/15)
4. Who Knows the Rep. 2 B False &
5. Intends 2 Defraud the Owner / V

Embezzlement

Elements (Somebody already in poss'n fraudulently converts somebody else's prop.)
1. Fraudulent
2. Conversion
3. of Prop.
4. of Another
5. By One Already in Poss'n
  1. Obtained lawful poss'n in beginning but later do something
Cov's Breaking Bale Modernly

Larceny, False Pretenses, & Embezzlement Prob's (9/15/97)

Getting Title
1. Legit'ly
  1. Not larceny if get title
  2. Not false pretenses b/c legit.
2. Illegit'ly
  1. Could B false pretenses if get title by misrep.
Getting Poss'n
1. Illegit'ly
  1. Larceny by trickery

Deliv. Sit.

By Trick / False Rep.
1. D gets poss'n ONLY, then larceny by trickery
2. D gets title, then false pretenses
Mistake in Deliv.
1. D recog. when take, larceny
2. D not recog. when take but later recog., embezzlement
3. Container Prob. : go through same analysis when open up container
Er / Ee Sit.
1. Gen'ly ee's have custody of er's prop. but poss'n if
  1. From 3rd party /
  2. Managerial ee
2. Er gets poss'n if ee puts prop. in receptacle so transf. control

Title

When Buy Something / Given Forever

Modern CA Stt.

All thefts into 1

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Ms. Haeji Hong

January 15, 1998