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8.3 Property Crimes, Theft Offenses & Crimes Against Habitation

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2 Chapter 2: Civil Procedure: Jurisdiction & Pretrial

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8 Chapter 8: Criminal Law: Principles, Homicide & Crimes

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12 Chapter 12: Real Property: Estates, Concurrent Ownership & Leases

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13 Chapter 13: Real Property: Conveyances, Titles & Land Rights

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8.3 Property Crimes, Theft Offenses & Crimes Against Habitation

Key Takeaways Explain This Topic AI

Common law larceny is the trespassory taking and carrying away (asportation) of tangible personal property of another with the specific intent to permanently deprive at the time of taking.

Theft offenses turn strictly on possession versus title: Larceny involves obtaining wrongful possession; Embezzlement involves fraudulent conversion of property by one in lawful possession; Larceny by Trick involves obtaining custody/possession via fraud; False Pretenses involves obtaining title through intentional misrepresentation of material fact.

Robbery is an aggravated form of larceny committed from the person or immediate presence of the victim through force or threats of imminent physical harm, whereas Extortion (blackmail) involves threats of future harm.

Common law burglary requires a breaking and entering of the dwelling house of another at nighttime with the specific intent to commit a felony therein (intent must exist at the time of entry), while modern statutes eliminate the breaking and nighttime requirements.

Common law arson requires the malicious burning (actual charring of wood, not mere scorching or discoloration) of the dwelling house of another, while modern statutes extend arson to commercial structures, personal property, and one's own building.

Last updated: August 2026

8.3 Property Crimes, Theft Offenses & Crimes Against Habitation

Property offenses on the Uniform Bar Examination require mastery of precise technical distinctions governing custody , possession , and title , as well as the physical elements that elevate simple theft into robbery, burglary, or extortion.

1. The Taxonomy of Theft & Property Offenses +-----------------------------------------------------------------------------+

  • | THEFT OFFENSES DECISION TREE |
  • | |
  • | HOW WAS THE PROPERTY INITIALLY OBTAINED? |
  • | | |
  • | +----------------------------+----------------------------+ |
  • | v v |
  • | [ LAWFUL POSSESSION ] [ UNLAWFUL TAKING ] |
  • | Defendant was initially entrusted Did Defendant use |
  • | with lawful possession/control deceit or fraud? |
  • | and subsequently converts it. | |
  • | | +--------------+--------------+ |
  • | v v v |
  • | EMBEZZLEMENT [ YES ] [ NO ] |
  • | (Conversion by one in What was passed? | |
  • | lawful possession) +------+------+ | |
  • | v v v |
  • | [ CUSTODY/POSS ] [ TITLE ] LARCENY |
  • | LARCENY BY TRICK FALSE PRETENSES (Trespassory |
  • | (Deceit to get (Deceit to get taking with |
  • | possession) ownership/title) intent to |
  • | deprive) |
  • +-----------------------------------------------------------------------------+
  • Substantive Breakdown of Theft Crimes
  • 1. Common Law Larceny

Elements:

Trespassory taking (caption): Taking possession without consent or legal justification;

Carrying away (asportation): Any movement of the property, however slight (even an inch), in furtherance of the theft;

Personal property: Must be tangible personal chattel (not real property, services, or intangibles at common law);

Of another: Property must be taken from the possession of another (possession, not legal title, governs);

Specific intent to permanently deprive: Intent to steal must exist at the exact moment of the taking .

Claim of Right Defense: An honest, good-faith belief that the property belongs to the defendant, or that the defendant has a legal right to take it, negates specific intent, even if the belief is objectively unreasonable.

Continuing Trespass Doctrine: If an initial taking is trespassory (wrongful) but without the intent to permanently deprive, and the actor later forms the intent to keep the property permanently, the initial trespass is deemed to continue, satisfying the concurrence requirement.

2. Embezzlement

Elements: (1) Fraudulent conversion , (2) of personal property of another , (3) by a person who is already in lawful possession of that property.

Key Distinction: In embezzlement, the defendant already has lawful possession (entrusted via fiduciary role, employment, or bailment) when the intent to steal arises, whereas in larceny, the initial taking is trespassory.

3. False Pretenses vs. Larceny by Trick

False Pretenses: The defendant obtains TITLE (ownership) to the property of another by an intentional false statement of a past or present material fact, made with the specific intent to defraud.

Larceny by Trick: The defendant obtains only CUSTODY or POSSESSION (not title) of property of another by fraud, misrepresentation, or deceit. +-----------------------------------------------------------------------------+

  • | CUSTODY VS. POSSESSION VS. TITLE MATRIX |
  • | |
  • | STATUS LEGAL DEFINITION THEFT CRIME TRIGGERED |
  • | Custody Limited physical control under Larceny (or Larceny by |
  • | the direct supervision of another Trick if obtained via |
  • | (e.g., store customer, employee). fraud). |
  • | |
  • | Possession Broad discretionary control over Embezzlement (if lawful|
  • | property without direct oversight possession converted). |
  • | (e.g., bailee, bank trustee). |
  • | |
  • | Title Legal ownership of the property False Pretenses (if |
  • | (e.g., cash, sales receipts, ownership obtained via |
  • | deed conveyances). fraudulent statements).|
  • +-----------------------------------------------------------------------------+

2. Aggravated Theft: Robbery, Extortion, Forgery & Uttering +-----------------------------------------------------------------------------+

  • | AGGRAVATED THEFT CRIMES |
  • | |
  • | ROBBERY (Specific Intent) |
  • | - Elements: Larceny + TAKING FROM PERSON OR IMMEDIATE PRESENCE + |
  • | BY FORCE OR THREAT OF IMMINENT BODILY HARM. |
  • | - Force: Must be used to gain possession (not merely to escape, under CL);|
  • | slight force overcoming resistance (e.g., ripping an earring or pushing |
  • | past a victim) suffices. Mere pickpocketing is larceny, not robbery. |
  • | - Threat: Must threaten IMMINENT physical harm to victim, victim's family, |
  • | or a person present. |
  • | |
  • | EXTORTION / BLACKMAIL (Specific Intent) |
  • | - Obtaining property by threats of FUTURE harm (physical harm, criminal |
  • | accusations, public exposure, or economic ruin). |
  • | - Property need NOT be taken from the victim's person or presence. |
  • | |
  • | FORGERY & UTTERING (Specific Intent) |
  • | - FORGERY: Making or materially altering a writing of legal significance |
  • | so that it is falsely made, with specific intent to defraud. |
  • | - UTTERING: Offering, passing, or publishing as genuine a known forged |
  • | document with specific intent to defraud. |
  • +-----------------------------------------------------------------------------+
  • Offense Property Interest Obtained Method / Means Used Timing of Threat
  • Larceny Possession Trespassory physical taking & asportation N/A (no threat/force)
  • Embezzlement Possession / Conversion Breach of trust while in lawful possession N/A
  • False Pretenses Title (Ownership) Fraudulent representation of material fact N/A
  • Larceny by Trick Custody / Possession Fraudulent representation / deceit N/A
  • Robbery Possession Force or threat of imminent bodily injury Immediate / Imminent
  • Extortion Possession / Title Threat of future harm or exposure Future
  • 3. Crimes Against Habitation: Burglary & Arson

Crimes against habitation protect the security, safety, and sanctity of residential living spaces. +-----------------------------------------------------------------------------+

  • | COMMON LAW BURGLARY VS. MODERN BURGLARY |
  • | |
  • | COMMON LAW BURGLARY ELEMENTS |
  • | 1. BREAKING: Actual physical force (opening a closed door/window) or |
  • | constructive breaking (fraud, threat, intimidation, collusion). |
  • | * Opening a wide-open door is NOT a breaking; opening an interior door |
  • | inside a house IS a breaking. |
  • | 2. ENTERING: Any physical intrusion of the body (even a fingertip) or |
  • | an instrument used to commit the felony into the structure. |
  • | 3. DWELLING HOUSE: Structure regularly used for sleeping, plus curtilage. |
  • | 4. OF ANOTHER: Occupancy controls (tenant's occupancy, not owner's title).|
  • | 5. NIGHTTIME: Between sunset and sunrise. |
  • | 6. INTENT TO COMMIT A FELONY: Specific intent to commit a felony therein |
  • | MUST exist at the exact moment of breaking and entering. |
  • | |
  • | MODERN STATUTORY BURGLARY REFORMS |
  • | - Eliminates "breaking" requirement (unauthorized entry/remaining suffices).|
  • | - Eliminates "nighttime" requirement (daytime entry included). |
  • | - Expands "dwelling" to ANY building, commercial structure, or vehicle. |
  • | - Expands felonious intent to intent to commit ANY crime (including theft).|
  • +-----------------------------------------------------------------------------+

Common Law Arson vs. Modern Statutory Arson +-----------------------------------------------------------------------------+

  • | ARSON: COMMON LAW VS. MODERN STATUTES |
  • | |
  • | COMMON LAW ARSON |
  • | 1. MALICE: Intent to burn or reckless disregard of an obvious risk that |
  • | the structure would burn. |
  • | 2. BURNING: Requires actual burning or CHARRING of the wood or fiber of |
  • | the structure itself. Mere scorching, smoking, soot, or blackening of |
  • | paint is INSUFFICIENT. |
  • | 3. DWELLING HOUSE: Residential structure and surrounding curtilage. |
  • | 4. OF ANOTHER: Cannot commit common law arson on one's own dwelling. |
  • | |
  • | MODERN STATUTORY ARSON REFORMS |
  • | - Expands protected property to commercial buildings, vehicles, and |
  • | personal property. |
  • | - Eliminates "of another" requirement, making burning one's own property |
  • | (e.g., insurance fraud arson) punishable as statutory arson. |
  • +-----------------------------------------------------------------------------+