Black-letter propositions
- 01
Larceny is trespassory taking and carrying away of another's personal property with intent permanently to deprive.
- 02
Embezzlement is fraudulent conversion by one in lawful possession; false pretenses obtains title by material fraud; larceny by trick obtains possession.
- 03
Robbery is larceny from a person or presence by force or intimidation.
- 04
Common-law burglary is breaking and entering another's dwelling at night with contemporaneous intent to commit a felony; modern statutes expand it.
- 05
Common-law arson is malicious burning of another's dwelling; charring traditionally suffices.
- 06
Continuing trespass can connect later intent to an originally wrongful taking.
Use this attack sequence under time
Frame the issue
Determine custody, possession, and title before the taking.
Resolve the next checkpoint
Find when intent arose.
Resolve the next checkpoint
Connect force to the taking for robbery.
Finish the conclusion
Apply common-law or statutory burglary and arson elements exactly.
Common wrong turns
- Custody is not possession.
- An open-door entry may satisfy a statute but not common-law breaking without another theory.
- A claim of right can negate larcenous intent but has important limits.
Worked example
An employee entrusted with a company car for deliveries sells it and keeps the money.
The employee had lawful possession and later converted it, so embezzlement is the best common-law classification rather than larceny.
Practice this topic
Property crimes in Cornell's summaries
Cornell says larceny at common law is the illegal taking of the property of another with intent to deprive the owner, and most states impose some monetary value threshold for felony treatment. Robbery is unlawfully taking property of another by violent force or the threat of it with intent to deprive permanently, and it typically requires taking from the person or in their presence. Force distinguishes robbery from larceny.
Burglary criminalizes some form of illegally entering a building with intent to commit a crime inside. Under the Model Penal Code, burglary is entering a building or structure with intent to commit a crime unless it is open to the public, and it does not require the offense to occur at night, unlike common law.
Arson
Cornell says arson at common law was the malicious burning of the dwelling of another, and the definition varies by jurisdiction. Most states no longer require that the property be a dwelling or even a building, and generally knowingly burning personal property without consent or with unlawful intent is enough.
Because elements vary by jurisdiction, identify the taking, the intent and the property type, and check whether your course follows the common law or the Model Penal Code.
Frequently asked questions
What is the controlling rule for theft offenses, robbery, burglary, and arson?+
Classify property offenses through possession, title, fraudulent method, force, entry, and the precise time intent to deprive arose.
What is larceny on the bar exam?+
The illegal taking of the property of another with intent to deprive the owner, per Cornell's summary of the common-law crime.
What distinguishes robbery from larceny?+
Robbery involves violent force or the threat of force, while larceny does not require such force, according to Cornell.
What are the elements of robbery?+
Taking the property of another from their person or presence by violent force or threat of force with intent to deprive them of it permanently.
How does Model Penal Code burglary differ from common law?+
It does not require the offense to occur at night, and it covers entering a building or structure not open to the public with intent to commit a crime.
Must arson involve a dwelling?+
At common law it was the burning of the dwelling of another, but most states no longer require a dwelling or even a building.