Criminal Law · Theft Crimes

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MBE Criminal Law: Theft Crimes

A comprehensive breakdown of theft crimes as tested on the MBE, including key rules, common question patterns, and practice questions.

Overview

Theft crimes encompass a series of offenses involving the unlawful taking of someone else's property with the intent to deprive the owner of that property. The foundational elements typically include unlawful taking, intent, and property ownership. Common forms include larceny, robbery, burglary, and embezzlement, each defined by specific legal nuances.

In preparing for the MBE, examine how the definitions of these crimes interact with the common law principles and statutory modifications. Examine scenarios where the differentiation between the types of theft is crucial, as well as the impact of defenses such as mistake or consent on the prosecution's burden. You should also pay attention to the nuances of property classification, as it affects the applicability of certain theft statutes.

Key Rules
  1. Rule 1: Larceny is the unlawful taking and carrying away of someone's personal property with the intent to permanently deprive the owner of it.
  2. Rule 2: Robbery involves taking property from another person or their immediate presence by force or threat of force.
  3. Rule 3: Embezzlement is the fraudulent conversion of property by a person in lawful possession of it.
  4. Rule 4: Burglary is the unlawful entry into a building or structure with the intent to commit a crime, usually theft, therein.
  5. Rule 5: Theft by deception occurs when a person intentionally obtains or withholds property from another through deception.
Common Question Patterns
  • Identifying whether the defendant's conduct constituted larceny, robbery, embezzlement, or burglary.
  • Determining the applicability of defenses against theft charges.
  • Analyzing the intent of the defendant at the time of the alleged crime.
Practice Questions

1. A man breaks into a closed convenience store after hours intending to steal cigarettes. He leaves with a cart full of goods. What crime has he committed?

A. A) Larceny

B. B) Burglary(Correct)

C. C) Robbery

D. D) Embezzlement

Explanation: The man committed burglary because he unlawfully entered a building intending to commit theft.

2. A woman finds a wallet in the park and, after examining its contents, decides to keep it without making any effort to find its owner. What crime is she most likely guilty of?

A. A) Larceny(Correct)

B. B) Theft by deception

C. C) Embezzlement

D. D) Receiving stolen property

Explanation: The woman is guilty of larceny as she unlawfully takes another's property with the intent to permanently deprive the owner.

3. A teenager takes his father's car without asking, intending to borrow it for a couple of days. His father reports it stolen. What is the likely outcome regarding theft?

A. A) Larceny, since he took the car without permission

B. B) Not larceny, due to a lack of intent to permanently deprive(Correct)

C. C) Robbery, if he was confronted by police

D. D) Embezzlement, because he was allowed to use it.

Explanation: This is likely not larceny because the intent was to borrow the car temporarily, lacking the intent to permanently deprive.

4. During a robbery, a man threatens another with physical harm unless he hands over his watch. The victim complies. What crime has occurred?

A. A) Larceny

B. B) Burglary

C. C) Theft by force

D. D) Robbery(Correct)

Explanation: The man committed robbery as he used force or threat of force to take the victim's property.

5. An employee of a bank siphons off small amounts of money from customer accounts over several months for personal use without detection. What crime is he committing?

A. A) Larceny

B. B) Burglary

C. C) Robbery

D. D) Embezzlement(Correct)

Explanation: The employee is committing embezzlement because he is unlawfully converting property (money) that he had lawful possession of.

Test-Taking Tips
  • Read carefully for the specific elements of each crime, as slight variations can change the analysis.
  • Practice with hypotheticals that distinguish closely related crimes to sharpen your legal reasoning skills.
  • Be aware of defenses that can negate theft charges, such as consent, mistake, and lack of intent.

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