Voluntary Intoxication going to negate the specific intent element of specific intent crimesEliminates P&DDoesn’t negate recklessness and criminal negligenceDiminished CapacityNot insane, but mentally disturbed enough you couldn’t form the specific intentTheftMR – Intent to permanently deprive and was able to reasonably return the propertyTheft Analysis1. How did the D acquire the property: Consent, Trespass, or Trick2. What level of control did he get? Custody, Possession, Title3. Did he have intent to permanently deprive?
Theft (CL) Had to be physical tangible moveable property. (Real property, intellectual, and services could not be stolen)Destruction of property(CL) intent to permanently deprive will be imputedLarcenyIs the crime of trespassory taking and movement of the personal property of another with intent to permanently depriveLarceny by trickif possession is procured by fraud or trick, the consent is invalid. If there’s no consent, it is a trespassory taking.Embezzlement is the crime of fraudulent conversion of property that’s been entrusted into your possession. Robbery Larceny accomplished by assault or batteryMistake (larceny)You cannot steal something you honestly believe is yours no matter how unreasonable that belief is.Burglary(CL) the unlawful breaking and entering of the dwelling house of another at night with the intent commit a felony therein.BreakingCreating or expanding an openingEntering(CL) prove D put some part of their body through the openingBurgalry (MR)(CL) intent has to be concurrent with the B&E (B&E has to be motivated by the criminal intent to commit a felony therein)Arson (CL) malicious destruction of the dwelling house of another by fire(CL) Damage to structure as a result of fire charringMalice – intentionally or extremely recklessWater/Smoke is not arson. Damage to furniture is not arson. Doesn’t matter how you start the fire (could be explosion)
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