Crimes against property Property Offense Larceny Embezzlement Act

Wrongful taking of property from the possession of another Conversion of property by a person already in possession of the property Permission given by deception, possession, NOT title given Wrongful taking of title to property by misrepresentation to the owner Retaining legal possession beyond time to return Obtaining or attempting to obtain property by threats not sufficient to constitute robbery Wrongful taking of property from victims person or presence by violence or intimidation

Intent
Intent to permanently deprive owner of possession Intent to defraud

Larceny by Trick False Pretenses

Fraudulent Conversion Extortion

To deprive owner of possession through deception Knowledge of falsity of the misrepresentation an intent to defraud the owner Intent to retain possession wrongfully Intent to obtain property through wrongful threats Intent to permanently deprive owner of possession

Robbery

Summary of Inchoate Crimes

Solicitation y Mens rea

Intent to cause the person solicited to commit the crime

Conspirac
Specific intent to 1) enter into agreement; 2) achieve the objective of the conspiracy

Attempt
Specific intent: 1) to commit the acts or cause the result constituting the target crime; and 2) the intent necessary for the target crime Performance of an act that progresses sufficiently towards the commission of the intended crime Yes

Actus reus

Counseling, inciting, or inducing another to commit an offense

Entering into agreement to commit crime and an overt act

merger into complete d crime?

Yes

No-two separate charges: conspiracy and completed crime

Withdra wl a defense?

Generally, no

No, except for further crimes of co-conspirators

Generally, no

Summary of AFFIRMATIVE DEFENSES: Defense Mistake of Fact Applicable to Crimes with a mens rea element (all crimes EXCEPT strict liability) When available For specific intent crimes, any mistake that negates intent (must be HONEST), for other crimes, only reasonable mistake

Mistake of law

Crimes with a mens rea element and statutory crimes

Mistake is due to: reasonable reliance on statute or judicial interpretation, ot (some states) reasonable reliance on official advice

Necessity or justification

All crimes EXCEPT intentional killing

reasonably believed crime was necessary to avoid greater harm to himself or others reasonably believed that another would imminently harm him or a family member if he did not commit the crime Criminal design originated with the police and was not predisposed to commit crime before contact with police (traditional standard) vs. modern standard: law enforcement acted badly in inducing to commit crime, commission of crime in response to law enforcing activity that was reasonably likely to cause a reasonable person to commit the crime.

Duress

All crimes except intentional killing

Entrapment

Most crimes, but not those involving serious injury

Summary of parties to a felony Commonlaw Parties Definition Liable for principal Label vs. Modern statutes Liable for principal

crime? Principal in first degree Principal in second degree Actually perpetrates felony Incites or abet and is present (actually or constructively) at time of crime Yes principle (perpetrates felony) Accomplice (incites or abets with requisite intent) Accomplice (incites or abets with requisite intent)

crime? Yes

Yes

yes

Accessory before the fact

Incites or abets yes but not present at time of crime (pre-crime aid or encouragemen t) Aids in hindering arrest, prosecution, or conviction of person she knows committed the felony Yes

yes

Accessory after the fact

Not a party to the felony

No, but may be liable for separate offense