19Criminal Law

Theft & Property Crimes

This week examines theft and property offenses — larceny, embezzlement, false pretenses, robbery, and receiving stolen property. These offenses share a common theme: the unlawful interference with another's property rights. The analytical challenge is distinguishing among them based on the method of taking, the type of property, the timing of the criminal intent, and whether force or deception was used.

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Learning Objectives

Define larceny: the trespassory taking and carrying away of the personal property of another with intent to permanently deprive
Distinguish embezzlement from larceny based on lawful possession followed by conversion
Analyze false pretenses: obtaining TITLE through a knowing misrepresentation of a material fact
Apply the continuing trespass doctrine and the concurrence requirement (intent must exist at the time of the taking)
Define robbery as larceny from the person by force or threat of force — identify the additional elements beyond theft
Distinguish burglary from theft offenses — burglary protects habitation, not just property

Key Rules

Larceny: (1) Trespassory (without consent) (2) taking (3) and carrying away (asportation — any movement, however slight) (4) of the personal property (5) of another (6) with intent to permanently deprive at the time of taking.
Embezzlement: (1) Fraudulent (2) conversion (3) of the property (4) of another (5) by one who is already in lawful possession. Distinguished from larceny by the lawful initial possession.
False pretenses: (1) Obtaining title (2) to property of another (3) through a knowing (4) false representation (5) of a material fact (6) with intent to defraud.
Robbery: Larceny + (1) from the person or in the person's presence (2) by force or threat of immediate force. The force must be used to accomplish the taking, not after.
Continuing trespass: If D takes property without intent to steal (innocent taking) but later forms intent to keep it, the original trespass 'continues' and larceny is established at the moment intent forms.

Theft & Property Crimes

The Theft Offense Hierarchy

| Offense | Method of Acquisition | What Is Obtained | Key Distinction | |---------|---------------------|-----------------|----------------| | Larceny | Trespassory taking | Possession | Without consent | | Embezzlement | Conversion after lawful possession | Already had possession | Lawful initial possession | | False Pretenses | Misrepresentation | Title/ownership | Deception obtains title | | Larceny by Trick | Deception | Possession only | Deception obtains possession, not title | | Robbery | Force/threat | Possession (from person) | Force or intimidation | | Extortion | Future threats | Property/money | Threat of future harm |

Larceny

Elements (must all be present):

1. Trespassory taking — without owner's consent 2. Carrying away (asportation) — ANY movement suffices 3. Personal property of another 4. Intent to permanently deprive — at the TIME of taking

The Intent Timing Problem

Intent must exist at the moment of taking. If D borrows a book intending to return it, no larceny — even if D later decides to keep it. UNLESS the continuing trespass doctrine applies.

Continuing Trespass Doctrine

If the original taking was wrongful (trespassory) but without intent to steal, the trespass is deemed to 'continue' until the property is returned. If D later forms intent to permanently deprive while still in wrongful possession, larceny is established.

Embezzlement

The KEY distinction from larceny: lawful initial possession. - Employee given access to company funds → converts to personal use = embezzlement - Stranger takes company funds from safe = larceny

False Pretenses vs. Larceny by Trick

| | False Pretenses | Larceny by Trick | |---|---|---| | What passes | Title (ownership) | Possession only | | Method | Misrepresentation of fact | Deception | | Example | Selling car you don't own | Renting car with intent to keep it |

Robbery = Larceny + Force

All elements of larceny PLUS: - From the person or in the person's presence - By force or threat of IMMEDIATE force

Baby Bar Connection

Theft crimes are commonly tested as building blocks within larger criminal law essays — particularly robbery (which combines theft + crimes against the person) and in felony murder analysis (robbery as a BARRK felony).

Cases to Know

Rex v. Chisser (1678) — larceny by trick; obtaining possession through deception where owner did not intend to transfer title
People v. Ashley (1954) — false pretenses requires obtaining title, not merely possession
Topolewski v. State (1906) — larceny requires trespassory taking; property set out by owner as a trap negates the trespass

Baby Bar Relevance

Theft offenses are commonly tested on the Baby Bar both independently and as components of other crimes (robbery for felony murder, theft as a lesser included offense). The larceny-embezzlement-false pretenses distinctions based on method of acquisition and type of interest obtained are classic exam questions.

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Theft & Property Crimes

Learning Objectives

Define larceny: the trespassory taking and carrying away of the personal property of another with intent to permanently deprive

Distinguish embezzlement from larceny based on lawful possession followed by conversion

Analyze false pretenses: obtaining TITLE through a knowing misrepresentation of a material fact

Apply the continuing trespass doctrine and the concurrence requirement (intent must exist at the time of the taking)

Define robbery as larceny from the person by force or threat of force — identify the additional elements beyond theft

Distinguish burglary from theft offenses — burglary protects habitation, not just property

Key Rules

Larceny: (1) Trespassory (without consent) (2) taking (3) and carrying away (asportation — any movement, however slight) (4) of the personal property (5) of another (6) with intent to permanently deprive at the time of taking.

Embezzlement: (1) Fraudulent (2) conversion (3) of the property (4) of another (5) by one who is already in lawful possession. Distinguished from larceny by the lawful initial possession.

False pretenses: (1) Obtaining title (2) to property of another (3) through a knowing (4) false representation (5) of a material fact (6) with intent to defraud.

Robbery: Larceny + (1) from the person or in the person's presence (2) by force or threat of immediate force. The force must be used to accomplish the taking, not after.

Continuing trespass: If D takes property without intent to steal (innocent taking) but later forms intent to keep it, the original trespass 'continues' and larceny is established at the moment intent forms.

The Theft Offense Hierarchy

Cases to Know

Rex v. Chisser (1678) — larceny by trick; obtaining possession through deception where owner did not intend to transfer title

People v. Ashley (1954) — false pretenses requires obtaining title, not merely possession

Topolewski v. State (1906) — larceny requires trespassory taking; property set out by owner as a trap negates the trespass

Baby Bar Relevance