Property vs. Possession Distinctions

MBE distinguishes possession, custody, and title for property crimes.

Related Crimes Against Property rules

• LarcenyLarceny is trespassory taking and carrying away of property with intent to permanently deprive.
• EmbezzlementEmbezzlement requires fraudulent conversion of property by someone in lawful possession.
• False PretensesFalse pretenses requires obtaining title to property by intentional false representation.
• Larceny by TrickLarceny by trick involves obtaining possession (not title) through fraud.
• RobberyRobbery is larceny accomplished by force or threat of immediate harm.
• BurglaryBurglary is breaking and entering the dwelling of another at night with intent to commit a felony.
• ArsonArson is the malicious burning of the dwelling of another.
• Receipt of Stolen PropertyReceipt requires receiving stolen property with knowledge it is stolen and intent to deprive.

Part of Criminal Law on Core Legal Rules — foundational MBE-tested principles with primary-source citations.