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Another major category of crimes concerns actions that affect another’s property—either real or personal. Real property consists of land and structures attached to it, as well as the products of land before they are removed, such as growing crops, trees, and unmined minerals. Personal property refers to personal belongings such as money, jewelry, and clothing.

Most jurisdictions have adopted statutes that modify the common law definitions of certain property crimes. For example, in some states the common law crimes of larceny, embezzlement, and false pretenses have been consolidated into a single crime known as theft.

Larceny

The common law definition of the crime of larceny includes the following elements: (1) The thief must take possession of the property (that is, secure control over the property) from another. (2) The thief must move or carry away the property, although a slight movement is enough, such as the removal of a wallet from another's pocket. (3) There must be a trespass in the taking—that is, the thief must take possession of the property without consent from the rightful possessor. (4) The property must be tangible personal property, such as money, jewelry, or clothing. Under common law larceny does not apply to real property or intangible personal property, such as checks, promissory notes, or other documents that are regarded as evidence of property rather than as property itself. (5) The property must be taken from the possession of another who had a right of possession superior to any right of the accused. It is not necessary, however, that a person steal directly from the owner. (6) There must be an intent to steal—more accurately expressed as an intent to permanently deprive the person from whom the property is taken of possession of or interest in the property. It is not larceny to take another person’s property that one honestly believes one owns. It is not larceny to borrow property, intending to return it promptly. A notable exception is the temporary, unauthorized taking of a car, which commonly constitutes the crime of joyriding.

By statute, larceny is often divided into two degrees: grand larceny and petit larceny. The line between the two depends upon the value of the property stolen. Grand larceny is commonly a felony, while petit larceny is a misdemeanor.

Embezzlement

In general, embezzlement occurs when a person who has lawful possession of another’s money or property fraudulently converts that money or property. In other words, the wrongdoer, often an employee, trustee, fiduciary, or agent, acquires possession of the property lawfully and then converts the property to his or her own use. The principal distinction between embezzlement and larceny is that in instances of embezzlement, the property is already in the embezzler's possession. In instances of larceny, the property is in another's possession. A less important distinction is that larceny requires only a slight movement of the property, but embezzlement requires a conversion of the property—such as the sale of embezzled property or the spending of embezzled money.

For a conversion to constitute embezzlement, the wrongdoer must intend to defraud the rightful owner of the property. Innocent conversions do not qualify, as when a person honestly believes he or she has a right to convert another's property.

False Pretenses

Theft by false pretenses occurs when a person obtains title to the property of another by knowingly making false representations, either spoken or written, with the intent to defraud the victim. The misrepresentation must be of present or past material fact and not opinion, prediction, or false promise. The crime also requires that the victim give the property to the defendant as a result of being deceived by or of relying upon the misrepresentation. The defendant must obtain title to the property, not mere possession without title, in order to be guilty of false pretenses. Historically, obtaining custody or possession of property (rather than title) by false statements was a form of larceny known as larceny by trick.

Robbery

Robbery is a form of aggravated larceny. It can be viewed as a combination of assault or battery, plus larceny. All the elements of larceny are required—the trespassing and taking and moving of money or property from another without consent and with the intent to permanently deprive that person of the money or property—plus two additional requirements. First, there must be violence or threat of immediate violence. Second, the taking must be from the victim or in the victim's presence.

Extortion

Extortion (or blackmail) differs from robbery in that the threats, stated or implied, that cause the victim to give money or property to the offender are not threats of immediate violence but rather threats of future harm. The intimidation might involve violence—for example, a threat to kill or injure the victim or a member of the victim's family. Alternatively, the intimidation might consist of a threat to accuse the victim of a crime or to reveal a devastating secret about the victim.

Receiving Stolen Property

Buying or receiving property that is known to have been stolen by another person is a crime. Receiving means to take under control. Stolen property is property that has been taken by larceny or, in some jurisdictions, property obtained by embezzlement or false pretenses. Under the common law definition of this crime, the receiver must be certain or almost certain—in other words, be more than merely suspicious—that the property is stolen. Proof of the purchaser’s knowledge may be inferred from circumstances, such as time and place of delivery. For example, if a man purchases a discounted stereo from an individual selling home electronics out of a van parked in an alley at midnight, these circumstances may contribute to a finding that the purchaser had sufficient reason to know the property was stolen.

Forgery 

A person commits forgery if he or she makes a false writing or materially alters a genuine writing that either has legal significance or is commonly relied upon in business transactions. A writing includes handwriting, printing, typewriting, or engraving. A painting, for instance, does not qualify as a writing. To be guilty of forgery, the person must intend to defraud someone by his or her action. Unlike the property crimes considered above, there is no requirement that any victim lose property or money. It is enough that the forger makes the false writing with the fraudulent intent. Examples of documents with legal significance are a check, promissory note, stock certificate, bond, deed, mortgage, will, and contract.

Arson

The common law definition of arson is the malicious and voluntary burning of the dwelling house of another. The phrase of another means in the possession of another. Therefore, a landlord can be guilty of arson of his or her own house that is leased to a tenant. A dwelling house is a house where people customarily sleep, although no person need be in the house at the time of the burning. The term may include outbuildings associated with the house, such as barns and stables, especially where they are enclosed with the house by a common hedge, fence, or wall.

Malicious and voluntary means that the arsonist must intentionally, or perhaps recklessly, burn the house. No malice in the literal sense of ill will is required. The house need not be entirely or even largely destroyed. The burning of a small portion of the house, such as a part of the floor, wall, or door is sufficient. However, more than a blackening by smoke or scorching of the wood is necessary to constitute arson.

Burglary

The common law definition of burglary is breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein. The requirement of breaking is satisfied by forcing open a locked door or window, by opening a closed but unlocked door or window, or even by opening wider a partly closed door or window to obtain entry. If the person had the resident’s consent to enter, then the use of force to gain entry is not a breaking. Entering is satisfied by a person's passing entirely through the door, window, or other opening by putting any portion of the body through or even by holding a pole or other item through the opening while angling for some property inside.

A dwelling house includes outbuildings in the area surrounding a house. To be the subject of burglary, the structure must be the dwelling of someone other than the accused person. The intended felony is usually grand larceny, but it may be murder, rape, arson, or one of the other felonies. A person has the required intent to commit a felony if he or she intends to steal whatever can be found, even if in fact there is nothing of value in the dwelling. A person is guilty of burglary even if arrested before he or she can commit the felony, as burglary is complete upon breaking and entering with the requisite intent.

Modern statutes have enlarged the scope of the common law definition of burglary in various ways. They sometimes eliminate the requirement of a breaking, so that an entry without a breaking may still constitute burglary. Some statutes consider gaining entry by means of fraud, threat, or intimidation to be constructive breaking—that is, the legal equivalent of forceful breaking. Modern statutes also typically provide that breaking into certain nonbuildings—such as railroad cars, automobiles, and boats—constitutes burglary. Most modern statutes have abandoned the requirement that the breaking and entering occur at night. Finally, some statutes provide that a person commits burglary if he or she has an intention to commit a misdemeanor—rather than an intention to commit a felony—after breaking and entering.

Source: encarta.msn.com

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