CRIMES AGAINST PROPERTY OR HABITATION

Larceny
None as theft in common parlance, the common law (and the UBE) has four different distinctions on what
would otherwise be "theft”
Larceny Type Elements

Common Law Larceny ● Taking;

“take and carry property for ● Carry away (asportation);
permanent deprivation" ● Another’s property
● Intent to permanently deprive its rightful owner

False Pretenses ● Obtaining title;

“gain title through fraud about
present or past fact”
● To another’s property;
● By a knowing (or intentional) false statement of PRIOR or
EXISTING fact;
○ Defendant must have known the statement to be false
● Intent to defraud

Larceny By Trick ● Obtaining custody;

“gain custody through fraud about
present or past fact”
Distinguish from False Pretenses:
FPT, LTC
● To another’s property;
● By a knowing (or intentional) false statement of PRIOR or
EXISTING fact;
○ Defendant must have known the statement to be false
● Intent to defraud

Embezzlement ● Fraud;
“fraudulent conversion by ● Conversion;
trustee/bailee” ● Of another’s property;
● By a person who has lawful possession

Robbery
For the common law crime of robbery, these elements must be established:
● A taking;
○ Property must actually be taken from the person or in her presence
■ Property must be taken from some location reasonably close to the victim;
■ In the presence: any property in the victim’s vicinity, which may include the other
rooms where the victim is located
● Of personal property of another;
● From the other’s person or presence;
● By force or intimidation;
○ Force must be sufficient to overcome the victim’s resistance;
○ Threats can be of immediate death or serious physical injury to the victim, a member of her
family, relative, or a third-party at the present
■ Threat to damage property would not suffice, EXCEPT a threat to burn down the
victim’s house
● With the intent to permanently deprive him of it

Essentially, robbery is common law larceny plus actual or threat to use force!

Burglary
Breaking in another’s house
With the intent to commit a felony therein

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Other Crimes Against Property or Habitation
Crime Elements

Extortion Traditional common law rule: corrupt collection of an unlawful fee by

an office under the color of his duties

Receipt of Stolen Property ● Receiving possession and control;

● Of stolen personal property (property obtained through other
property offences, such as robbery or larceny);
● Known to have been obtained in a manner constituting a
criminal offence by another person;
● WIth the intent to permanently deprive the owner of his
interest in property

Forgery (Making the forged material)

● Making or altering;
● Of a false writing;
● With intent to defraud

Uttering a Forged Instrument (Offering to use the forged material)

● Offering as genuine;
● An instrument that may be the subject of forgery and is false;
● With intent to defraud

Malicious Mischief ● Malicious;

● Destruction of/damage to (technically, all needed is damage,
not destruction, but sufficient damage that would impair
property’s utility or would material diminish its value);
● Property of another

Arson ● Malicious;
○ No need to show “ill will” or a motive;
○ Specific intent is not required;
○ Act with intent or knowledge that the structure would
burn OR with reckless disregard of an obvious risk that
the structure would burn
● Burning;
○ Damage must be caused by fire, explosion damage
does not count;
○ Blackening (or scorching) will not qualify as burning;
must show charring
● Of the dwelling;
○ This is the common law definition;
○ MBE: assume that arson extends to other structures
● Of another

Houseburning Because arson is for the burning of another’s home, this is a separate
common law crime for the burning of one’s own home
● Malicious (similar to arson);
● Burning;
● Of one’s own dwelling;
● IF the structure is situated either:
○ In a city or town; or adjacent to other houses to cause

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 a danger to them
Comment by HM: Note the last element means that if an isolated
cottage is burnt down, this crime would not apply. Perhaps this is to
place the community on notice and also because it could also cause
arson, the burning of other homes, if the fire went out of control.