Crimes Against Property

America vs Kenya
 Larceny (USA) Theft (K)
 Trespassory
 Taking and
 Carrying away of the
 Personal property of another with the
 Intent to permanently deprive the other of
 Possession of the property
 Larceny
 Trespassory taking – removing without
consent
 Possession vs. custody
 Asportation
 Carrying away – goes to intent
 Property of another
 Mens rea – Intent to permanently deprive
– specific intent crime
 Grand and petit larceny
 Embezzlement
 Fraudulent
 Conversion of
 Property
 Of another
 By an individual in lawful possession of the
property
 MPC – consolidation of larceny and
embezzlement
 False Pretenses
 Larceny by trick
 Obtains title and possession of property of
another by
 A knowingly false representation of
 A present of past material fact with
 An intent to defraud that
 Causes an individual to pass title to the
property
 May include lodging, labor, services
 False Pretenses
 Actus Reus
 False representation of fact
 In the past or present (not future)
 Does not include failure to disclose
 Mens Rea
 Knowingly and designedly
 With intent to defraud
 Knowledge/uncertainty/awareness
 Owner retains title – larceny by trick
 Theft and Identity Theft
 Theft: Consolidated larceny crimes
http://
www.gustafsonlaw.com/PDF/Crim-DUI-Tra
ffic/theft/18-4-401.pdf
 Identity Theft

 Theft of identifying data

 Used to obtain credit, make purchases, etc.
 Identity Theft and Assumption Deterrence
Act (Federal)
 Computer Crime
 Tangible or intangible?
 Lund v. Commonwealth -- stats student
at VA Tech -- $26,000 in unauthorized
central computer time. Theft? No – no
actual thing of value changed hands.
 Result of Lund : various state and federal
laws
 Receiving Stolen Property
 Elements:
 Receiving stolen property
 Knowing the property to be stolen,
 With the intent to permanently deprive the
owner of the property.
 Actus Reus
 Actual or constructive possession
 Property must actually be stolen (cannot run a
sting using “stolen” property)
 Handling Stolen Goods in
Kenya
 A person found guilty can be imprisoned
not to exceed 14 years.
 Any property except “land” can be stolen
property.
 Forms of Handling
 Receiving the goods
 Undertaking the retention, removal, disposal or
realization of goods by or for the benefit of
another person
 Kenya Continued
 3. Assisting in the retention, removal, disposal
or realization of the goods by or for the
benefit of another person.
 4. Arranging to do (1), (2), (3).
 Burglary
 Common Law Burglary
 Breaking and entering of a dwelling house at
night with the intention to commit a felony.
 Breaking
 Penetrating the structure
 Actual or constructive force
 Unlawful or uninvited entry
 BURGLARY
 Aggravators:
 Armed or simulated weapon
 Other dangerous instrumentality
 Inflicted serious bodily injury
 Employed an accomplice
 Home Invasion Robbery

 Carjacking
 Burglary
 Dwelling of Another
 Cannot burglarize your own house
 Husbands separated from wives in homes
they own
 Nighttime
 30 minutes past sundown to 30 minutes
before sunup.
 Not a modern requirement – an aggravator
 Intent to commit a felony
 At the time of entry
 Burglary
 Entering
 Only a portion of the body required
 Sometimes an instrument will do
 Knowingly or surreptitiously remaining in a
building
 Must be trespassory; without consent
 Dwelling house
 Regularly used as a place to sleep
 Modern – building or occupied structure
 Aggravated Burglary
 First Degree Burglary (Kenya)
 Nighttime burglary of a dwelling
 Possession of a dangerous weapon
 Infliction of injury to others
 Second Degree Burglary (USA)
 Unoccupied dwelling, store, automobile, truck,
railroad car
 Least serious Burglary (USA)
 Intent to commit a misdemeanor or
nonviolent felony – possession of burglary
tools
 Extortion
 Larceny, plus
 A present threat of future violence or other threat
 And a specific intent to deprive.

 Blackmail distinguished from robbery.

 Extortion of money or any thing of value.