Criminal
Law
Fall
2008
Section
1
Professor
Lee
Class
Outline
October
14, 2008
THEFT
A.
Theft = umbrella term for various types of stealing, including
larceny, larceny-by-trick, obtaining property by false
pretenses, and embezzlement
B.
Original theft offense was robbery (stealing by force or
threat of force)
C.
Common law courts expanded theft to encompass stealing by
stealth – i.e., larceny
1.
Common law larceny = trespassory (wrongful) taking and
carrying away of the personal property of another with the
intent permanently to deprive (n. 1, p. 483)
2.
Modern codes have deleted the carrying away
requirement
3.
At common law, “personal property” did not include
services rendered
Discussion
question: In an increasingly service-based economy, can we
afford not to criminalize the wrongful taking of services?
Discussion
question: Which is the more important purpose of theft law
-- protecting property interests or quelling public apprehension
and insecurity?
4.
Metered gas, water, power = personal property
5.
Cable TV signals and use of phone lines not personal
property – unauthorized use of these is separately
prohibited by federal criminal code
6.
Conflict of authority over what types of intangible property
is covered
a.
Lund v. Commonwealth ·
Discussion
question: Should Lund have been left to university discipline?
Discussion
question: Should computer time be considered “property”?
7.
Virtually all jurisdictions grade theft on the basis of the
monetary amount involved
a.
Retributive considerations
b.
Deterrence
