the property interests of most people consisted largely of what the law refers to as tangible propertycommercial transactions were not a major concern and forgery remained a misdemeanoroffenses concerning the rights of landholders were dealt with largely through the civil lawThe Common-Law Theft Offenses:Larcenythe basic common-law offense against infringement of another’s personal propertythe crime from which all other theft offenses developedconsisted ofthe wrongful taking and carrying away (the “caption” and “asportation”)the personal property of another (with a “corporeal,” or physical existence)with the intent to permanently deprive the other person of the propertythe wrongful act was a “trespass”real estate and the property attached to it were not subject to larcenyoverlap between the crime of larceny and the tort of conversionto find an accused guilty, it was necessary to prove that the taker carried the property awayprove that taker’s intent to permanently deprive the ownerFalse Pretenses, Embezzlement, and Receiving Stolen Propertytwo supplemental misdemeanor offensesfalse pretensesbecame a part of the common law of the states after the Revolutionenacted during the Industrial Revolutionembezzlementwasn’t a statutory crime until an enactment by Parliament in 1799embezzlement and receiving stolen property became English laws too late to be become part of the common law adopted by the new American statesfalse pretensesobtaining property by false pretenses, usually involvesthe accused obtaining wares or merchandise of anotherby false pretenses andwith the intent to cheat or defraud the other personembezzlementoccurred where an accused who had lawful possession of another’s property wrongfully appropriated the propertynecessary to prove that the accused intended to defraud the victimreceiving stolen propertyconsisted of receiving possession and control of another’s personal property knowing it was stolen andwith the intent to permanently deprive the owner of possession of such propertyThe Modern Approach to Theft Offenses:Federal Approachesfederal appellate courts have said that a simultaneous intent to return the property or make restitution does not make the offense any less embezzlementState Approachesexpanded common-law to include all types of tangible and intangible propertypropertyreal property, including things growing on, affixed to, and found in landtangible or intangible personal property, including rights, privileges, interests, and claimsservicesproperty of anotherproperty in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person has an interest in the propertyservicesanything of value resulting from a person’s physical or mental labor or skill, or from the use, possession or presence of property, and includesrepairs or improvements to propertyprofessional servicesprivate, public, or government communications, transportation, power, water, or sanitation serviceslodging accommodationsadmissions to places of exhibition or entertainmentcategorizes of seriousnessgrand theft in the first degreemost serious felonyincludes staling property valued at $100,000 or more,cargo valued at $50,000 or more,as well as committing any grand theft in the course of which the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicledamages the real property of another or causes damage to the real or personal property of another in excess of $1,000grand theft in the second degreesomewhat less serious felonyinvolves theft of property values at $20,000 or more but less than $100,000emergency medical equipment or law enforcement equipment valued at $300 or moregrand theft in the third degreelesser felonyproperty stolen is valued at $300 or more but less than $20,000property stolen is testamentary instrumenttaken from a dwelling or curtilagepetit thefttheft of property having a value under $300misdemeanorintent to deprivespecific-intent crimeintent to steal and not necessarily the intent to permanently deprive the owner of the propertyA Unique Prosecutorial Burden in Theft Offensesstatutes commonly grade the felony and misdemeanor offenses based on ranges of market value of goods stolenthe prosecution must establish the market value of goods or services stolenRobberyat common law:a taking of another’s personal property of valuefrom the other person’s possession or presenceby force or placing the person in fear andwith the intent to permanently deprive the other person of that propertythe violence or intimidation had to overcome the victim’s resistance and precede or accompany the actual taking of propertyStatutory Approaches to RobberyFederal Lawsan offense to take, or attempt to take, by force and violence or intimidation from the person or presence of another any property or money belonging to or in the care of a bank, credit union, or savings and loan associationState Lawssimple robberya person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robberyaggravated robberyarmed with a deadly weaponknowingly wounds or strikes the person robbedreasonably believed to have a deadly weaponThe Temporal Relationship of Force to the Takingthe force used in robbery need not occur simultaneously with the takingan act shall be deemed ‘in the course of taking’ if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and act of taking constitute a continuous series of acts and eventsCarjackinga person who forcibly takes another’s vehicle may be subject to prosecution for grand larceny and robberyAnti-Car Theft Act of 1992anyone who takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do soExtortionthe obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by the wrongful use of force or fear, or under color of official rightExtortion Distinguished from Robberyrobbery requiresa felonious takingproperty be taken from the victim’s person or immediate presenceextortiondoes not require proof of either of these elementsrequires the specific intent of inducing the victim to consent to part with his or her