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Larceny: wrongful taking (AR) of property of another, intent (MR) to perm deprive owner of property. The unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it; a crime against the right of possession
Most forms of larceny involve the AR of taking and carrying away (“Asportation”)
And the MR the intent element of larceny.
The slightest movement of property can satisfy the Asportation element,
ex: pickpocket begins to lift V’S wallet.
Asportation(AR): D caught with goods inside store can be convicted if D exercises dominion/control of the items wholly inconsistent with the owners continued rights. (The illegal movement of goods.)
Intent element(MR): intent to permanently deprive the owner of the property.
2 types of property:
1. “Real” property – land and fixtures a. Items stuck to the ground ex: plumbing, fencing, etc.
2. Personal property a. ”Chattell”: any property, not real property that is a value, and subject to ownership.
Embezzlement: Embezzlement is a crime that takes place when a person purposely withholds or uses assets and monies for a purpose other than for what it is intended. Also referred to as “financial fraud” or “larceny,” embezzlement is typically committed by an employee who is in charge of an agency or company’s finances, or a person who has responsibilities pertaining to the assets. Embezzlement is considered a white-collar crime.
The difference between robbery and extortion: is that in robbery there is immediate threat to the victim whereas, in extortion the victim often willingly hands over money or property or valuables to avoid future violence or damage. … 1.In robbery the property or valuables are taken away from the victim without his consent; in extortion the property or valuable are taken away from the victim with his consent, though it is unwilling.
Difference between extortion and blackmail: Extortion and blackmail are similar in concept, but there are differences between the two. Extortion is a form of theft that occurs when an offender obtains money, property, or services from another person through coercion.
Blackmail, in contrast to extortion, is when the offender threatens to reveal information about a victim or his family members that is potentially embarrassing, socially damaging, or incriminating unless a demand for money, property, or services is met.
Petit larceny: also called petty larceny, is a type of theft that involves a small amount of money or item of low value. Ex: taking the exact same coat without knowing it. Not considered petit larceny.
Grand Larceny in the 4th Degree – New York Penal Law Section 155.30(1)
A person is guilty of Grand Larceny in the Fourth Degree when he steals property and when the value of the property exceeds one thousand dollars. Grand Larceny in the Fourth Degree is an “E” felony punishable by up to 4 years in prison.
Grand Larceny in the 3rd Degree – New York Penal Law Section 155.35
A person is guilty of Grand Larceny in the Third Degree when he steals property and when the value of the property exceeds three thousand dollars. Grand Larceny in the Third Degree is a “D” felony punishable by up to 7 years in prison.
Claim of right defense(Ordinary defense): A defense to a charge of robbery or theft whereby a defendant claims that he had a justifiable right to take specific property from another individual, even by force or by mistake.
Value of stolen property (Misd/felony): considered market value or replacement value. Once it has damages and it is used the property will depreciate. If petit larceny and criminal possession of stolen property are part of common scheme/plan the amounts can be accumulated.
Criminal Possession of Stolen Property: This charge is granted to a person who knowingly is in possession of property that has been unlawfully obtained. The person who possesses such stolen property has the intention of receiving some type of benefit from the property.
Criminal Possession of Stolen Property 5th D: a person is guilty of Criminal Possession of Stolen Property in the fifth Degree when that person knowingly possesses stolen property, with intent to benefit himself or herself or a person other than an owner thereof or to impede the recovery by an owner thereof. Class
A misdemeanor.
Criminal Possession of Stolen Property 4th D: a person is guilty of Criminal Possession of Stolen Property in the fourth Degree when that person knowingly possesses stolen property, with intent to benefit himself or herself or a person other than an owner thereof or to impede the recovery by an owner thereof and when the property consists of a credit card [ordebit card] [orpublic benefit card]. Class E felony.
Criminal Possession of Stolen Property 3th D: a person is guilty of Criminal Possession of Stolen Property in the third Degree when that person knowingly possesses stolen property, with intent to benefit himself or herself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds 3000$. Class D felony.
UUV: Broadly construed (interpreted), includes passengers. No need to prove that D was involved in the initial taking. No need to prove that D had the intent to permanently deprive the owner of the vehicle.
Whether a vehicle is stolen or being driven without permission of the owner it’s Unauthorized Use of a Vehicle in the Second and Third Degrees pursuant to New York Penal Law sections 165.06 and 165.05 respectively.
NY PL 165.05(1) – Unauthorized Use of a Vehicle in the Third Degree
A person is guilty of Unauthorized Use of a Vehicle in the Third Degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle. class “A” misdemeanor punishable by up to one year in jail.
NY PL 165.06 – Unauthorized Use of a Vehicle in the Second Degree
A person is guilty of Unauthorized Use of a Vehicle in the Third Degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle, and has been previously convicted of the crime of Unauthorized Use of a Vehicle in the Third Degree. class E felony punishable by up to four years in prison.
Theft of Services: theft of services refers to when someone receives services without intending to pay for them. Ex: “Dine and Dash” or jumping the metro turnstile
Forgery: In NYS includes falsely making, altering or completing a written instrument. A copy that is represented as the original (criminal falsification)
Forgery in the 2nd D: The type of document forged determines the degree of a forgery charge. Common second-degree forgery documents are deeds, wills, contracts, medical prescriptions, public records and credit cards.
Uttering: making use of a forged writing or document with knowledge of its forged nature. Ex: adding zeros to the amount of a check is considered material.