ICHOATE CRIMES 3 27 Chapter 11 Inchoate crimes are crimes that have not been completed there was a planning of a crime that did not happen Attempt is the crime of trying to commit a crime and does not happen o Elements The actor had the intent or purpose to carry out the crime must have some purpose The actor took some act to further the commission for the crime The actor has to take some action which crosses the line from planning to completion Attempt of Tucson shooting is when he arrives at Safeway the place he will be shooting with the ammunition in his bag Three tests Unequivocally test are the actions of the defendant necessarily headed for criminal conduct o The acts have already been completed are inherently part of a criminal act o This test is used for weapon and drug distribution usually something your not supposed to have in the first place Physical proximity test How close is the defendant to completing the crime o This is determined by Indispensable element test Does the defendant have control of all of the elements necessary to complete the crime OR Dangerous proximity test Has the defendant come dangerously close to completing the crime In Tucson posting to myspace Substantial steps test has the actor taken substantial steps toward completing the crime AND do these steps strongly corroborate the actor s criminal purpose o In Tucson leaving the house Conspiracy is the crime of agreeing with another person to commit a crime and doesn t have to happen to be charged Solicitation is asking someone to commit a crime for you whether or not it happens PROPERTY CRIMES 3 29 Chapter 11 Property Crimes Straight forward easy but good amount of them Property crimes are graded by the value of the property rather than the intent mens rea General Types of Property Crime taking property damaging or destroying property invading property Taking Property MAIN GROUPS o Larceny embezzlement false pretenses THEFT o Forgery Uttering o Robbery Extortion o Receiving stolen property Larceny elements of larceny o taking getting control of the item o carrying away o of the property of another o with the intent to permanently deprive the owner of the property o very simple straightforward with it o you are exercising dominion over something in a way that is contrary to the property rights of the owner o Common law larceny is about the physical property and physical taking and carrying away o TAKING exercising control dominion something that is contrary to the owners property rights o Ex pick it up and put it in your pocket taking out of hand Legal if you ASK for it o Today is more about common law o LARCENY you have to have the intent to deprive the owner from that property permanently o o o Highest level of mens rea Specific intent crime have to have specific intent purpose from depriving owner from property permanently Don t have intent you are not guilty of larceny Embezzlement various of larceny or theft it is a conversion of another property that you have lawful permission to possess crime occurs in embezzlement when you take the property when you convert property to the ownership elements of embezzlement o conversion of another s property NOTE there was lawful permission to possess o With the intent to deprive the owner of the property permanently False Pretenses you rely on a misrepresentation to turn over your property and than that person deprives you from your property permanently today in statute they have been consolidated as theft SPECIFIC CRIMES highest level of mens rea Elements of false pretenses o False representation or deceit o Reliance on the false representation o To relinquish ownership of the property o Intent to permanently deprive the owner of the property EX ELDERLY SCAN call elderly up and say give me your money for 50 return and you don t even have a bank account con artist are another example Theft Modern theft statutes are a combination of larceny embezzlement and false pretenses Maryland A person may not willfully or knowingly obtain or exert unauthorized control over property or obtain control over property by willfully or knowingly using deception with the intent to deprive the owner of the property permanently o EXERT UNAUTHORIZED CONTROL OVER PROPERTY embezzlement Receiving Stolen Property Elements of receiving stolen property o Receiving property that has been stolen o With the intent to deprive the lawful owner of the property permanently o With some level of knowledge that the goods were stolen stolen Actual knowledge knowing that a object was Honest belief you know something was stolen but you believe the lie Reckless or negligent about failing to determine whether the property was stolen Knew it was fishy but failed to ask questions b c you think it will keep you out of trouble Maryland is one of these states Forgery The crime of making or altering false documents Documents can be works of art hand bags work of art paintings sculptures bank account statements checks wills o Anything with LEGAL SIGNIFICANCE that will get you some type of money fake IDS o MAKING OR CREATING THE FALSE Elements o Altering or creating a false document o Document of some authenticity or legal o With the intent to gain an advantage with the significance document o Uttering advantage The crime of using the false document to gain more or USING DOCUMENT TO GAIN SOME KIND OF ADVANTAGE Elements of uttering o Transferring passing or using a false document o Of some authenticity or legal significance o With the intent of deceiving or while knowing the document is false Forgery and Uttering PURPOSE CRIMES highest level of intent Robbery Robbery is theft by immediate force NEED FORCE Elements of Robbery o Taking of another s property o With the intent to deprive the person of the proper permanently o By force or threat of immediate force MRS BAKER CRIMES R robbery E extortion MOST SERIOUS CRIMES THAT WE TALK ABOUT TODAY o HAVE ELEMENT OF FORCE WHICH NOTHING ELSE HAS DEBATE what level of force do you need to make it force o If you do not have the element of force you have 2 levels of force larceny Extrinsic force for a robbery to occur you have to use more force than necessary to remove the item from the person or control o Require that something else happened knife to side saw gang of people converging on you Intrinsic force force that is necessary is the force which is necessary to get the property Extortion black mail Threatening to use force in future if you do not get something