FYLSX FYLSX - Baby Bar Property Crimes 1 — Questions and Answers
Question 1: Common law larceny requires a 'trespassory taking and carrying away of the personal property of another with intent to permanently deprive.' Which element is MISSING if the defendant mistakenly takes property believing it is his own?
- Carrying away (asportation)
- Trespassory taking (Correct answer)
- Personal property of another
- Intent to permanently deprive
Correct answer: Trespassory taking
A good-faith belief in ownership negates the trespassory taking element because there is no intent to take another's property unlawfully.
Question 2: Defendant picks up a wallet from the street, sees it contains $200, and decides to keep it. He is aware of a reasonable method to find the owner but ignores it. He is most likely guilty of:
- No crime, because the property was abandoned
- Larceny by finding (Correct answer)
- Robbery
- Embezzlement
Correct answer: Larceny by finding
Larceny by finding occurs when the finder realizes at the time of taking (or shortly after) that the owner is identifiable but nonetheless keeps the property with intent to deprive.
Question 3: Robbery differs from larceny primarily because robbery requires:
- Taking from a building rather than a person
- Taking property from a person by force or intimidation (Correct answer)
- Taking property at night
- Taking property worth more than $400
Correct answer: Taking property from a person by force or intimidation
Robbery is larceny from a person accomplished by force or intimidation (putting the victim in fear), which is the key distinction from simple larceny.
Question 4: Dan grabs Karen's purse and runs away. Karen chases Dan and Dan threatens to stab her with a knife unless she stops. Which crime best describes Dan's conduct?
- Larceny only
- Robbery, because force was used in immediate flight after the taking (Correct answer)
- Assault only
- Extortion
Correct answer: Robbery, because force was used in immediate flight after the taking
Under the modern rule, force or threats used immediately after a taking — during continuous flight — satisfy the force requirement for robbery.
Question 5: Extortion (blackmail) at common law differs from robbery primarily because extortion involves:
- Force applied at the time of taking
- A threat of future harm or exposure of information to obtain property (Correct answer)
- Taking from a person's immediate presence
- Breaking and entering to commit theft
Correct answer: A threat of future harm or exposure of information to obtain property
Extortion involves obtaining property by threatening future harm (or threatening to reveal damaging information), while robbery requires present force or fear.
Question 6: Under common law, which mental state is required for receiving stolen property?
- Strict liability — the receiver's knowledge is irrelevant
- Knowledge that the property was stolen at the time of receiving it (Correct answer)
- Intent to permanently deprive the true owner
- Recklessness as to whether the property was stolen
Correct answer: Knowledge that the property was stolen at the time of receiving it
Receiving stolen property requires that the defendant actually knew the property was stolen at the time of receiving it with intent to deprive the owner.
FYLSX FYLSX - Baby Bar Property Crimes 1
Common law larceny requires a 'trespassory taking and carrying away of the personal property of another with intent to permanently deprive.' Which element is MISSING if the defendant mistakenly takes property believing it is his own?