Other crimes - Theft and receiving stolen goods

Learning Outcomes

After studying this article, you will be able to identify and distinguish the main theft-related crimes tested on the MBE, including larceny, embezzlement, false pretenses, and receiving stolen property. You will understand the elements of each offense, recognize how they differ, and apply these principles to MBE-style questions involving property crimes and the handling of stolen goods.

MBE Syllabus

For the MBE, you are required to understand the core property crimes and related offenses involving theft and the handling of stolen goods. This article covers:

  • The elements and distinctions between larceny, embezzlement, and false pretenses.
  • The requirements for receiving stolen property.
  • The mental states and conduct that differentiate these crimes.
  • Modern statutory consolidation of theft offenses.
  • Common defenses and exam pitfalls.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is NOT an element of larceny?
    1. Taking and carrying away property of another
    2. Intent to permanently deprive the owner
    3. Obtaining title to the property by deception
    4. Trespassory taking
  2. A bank teller lawfully receives a customer's deposit, then transfers the funds to her own account. What crime has the teller committed?
    1. Larceny
    2. Embezzlement
    3. False pretenses
    4. Robbery
  3. To be guilty of receiving stolen property, the defendant must:
    1. Personally steal the property
    2. Knowingly possess property known to be stolen
    3. Obtain title to the property by fraud
    4. Use force to acquire the property
  4. Which crime involves obtaining both possession and title to property by a material misrepresentation?
    1. Larceny
    2. Embezzlement
    3. False pretenses
    4. Receiving stolen property

Introduction

Theft and the handling of stolen goods are among the most frequently tested property crimes on the MBE. These offenses share similarities but are distinguished by specific elements, especially regarding how the defendant acquires the property and their mental state. Understanding these distinctions is critical for answering MBE questions accurately.

Larceny

Larceny is the classic theft crime, requiring a trespassory taking and carrying away of tangible personal property of another, with the intent to permanently deprive the owner.

Key Term: Larceny The trespassory taking and carrying away of tangible personal property of another, with intent to permanently deprive the owner.

Embezzlement

Embezzlement occurs when a person lawfully possesses property due to a position of trust, but then fraudulently converts it to their own use.

Key Term: Embezzlement The fraudulent conversion of property by a person who is already in lawful possession of it due to a position of trust.

False Pretenses

False pretenses involves obtaining both possession and title to property by means of a material misrepresentation of fact, with intent to defraud.

Key Term: False Pretenses Acquiring both title and possession of property from another by knowingly making a false statement of material fact with intent to defraud.

Receiving Stolen Property

Receiving stolen property is a separate offense that punishes those who knowingly acquire or possess property they know to be stolen, with intent to permanently deprive the owner.

Key Term: Receiving Stolen Property Knowingly receiving, possessing, or controlling property known to be stolen, with intent to permanently deprive the owner.

Modern Statutory Theft

Many jurisdictions have consolidated larceny, embezzlement, and false pretenses into a single statutory crime of "theft," covering all forms of wrongful acquisition or handling of property.

Key Term: Theft (Statutory) A broad statutory offense encompassing larceny, embezzlement, false pretenses, and related property crimes.

Elements and Distinctions

Larceny (Elements)

  • Requires a trespassory taking (without consent or by trick).
  • Only possession (not title) passes to the defendant.
  • Intent to permanently deprive must exist at the time of the taking.
  • Property must be tangible personal property.

Embezzlement (Elements)

  • Defendant has lawful possession (not just custody) due to trust or employment.
  • Conversion (serious interference inconsistent with the owner's rights) is required.
  • Intent to defraud must be present at the time of conversion.

False Pretenses (Elements)

  • Defendant obtains both possession and title.
  • Acquisition is by a material misrepresentation of present or past fact.
  • Victim must actually be deceived and rely on the misrepresentation.
  • Intent to defraud is required.

Receiving Stolen Property (Elements)

  • Property must be "stolen" at the time of receipt.
  • Defendant must know or believe the property is stolen.
  • Possession or control is required.
  • Intent to permanently deprive the owner is necessary.

Worked Example 1.1

A warehouse employee is entrusted with the keys to the warehouse and is authorized to move goods as needed. One night, she loads several boxes onto her own truck and sells them. What crime has she committed?

Answer: Embezzlement. She had lawful possession of the goods due to her employment, but fraudulently converted them for her own use.

Worked Example 1.2

A man tricks a jeweler into handing over a diamond ring by claiming he is a famous actor and will pay later. The jeweler, believing the story, gives him the ring and transfers title. What crime?

Answer: False pretenses. The man obtained both possession and title by a material misrepresentation.

Worked Example 1.3

A person buys a laptop from a friend, knowing it was stolen from a local store. What crime?

Answer: Receiving stolen property. The buyer knowingly acquired property known to be stolen, with intent to keep it.

Exam Warning

On the MBE, be careful to distinguish larceny by trick (where only possession passes) from false pretenses (where both possession and title pass). The victim's intent to transfer title is the key difference.

Defenses and Modern Consolidation

  • Mistake of fact as to ownership can negate intent.
  • If the property is not actually "stolen" (e.g., it has been recovered by police), receiving stolen property cannot be committed.
  • Many states now use a single "theft" statute covering all forms of wrongful acquisition or handling of property, so focus on the conduct and mental state.

Key Point Checklist

This article has covered the following key knowledge points:

  • Larceny requires a trespassory taking and intent to permanently deprive; only possession passes.
  • Embezzlement involves lawful possession and fraudulent conversion by a person in a position of trust.
  • False pretenses requires obtaining both title and possession by material misrepresentation.
  • Receiving stolen property punishes knowing acquisition or control of property known to be stolen.
  • Modern statutes often combine these offenses under a single theft statute.
  • Distinguishing between these crimes depends on how the defendant acquires the property and their mental state.

Key Terms and Concepts

  • Larceny
  • Embezzlement
  • False Pretenses
  • Receiving Stolen Property
  • Theft (Statutory)
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