Criminal Law Question
An owner purchased a baseball card many years ago, and he has kept it in a plastic container in his house. Recently, a person made a statement of mistaken opinion to the owner about the baseball card. The person made the statement with the intent of acquiring the baseball card from the owner for his own use. The owner relied on the statement and handed the baseball card to the person. A week later, the person sold the baseball card to a collector for $50,000. The next day, the person bought a boat with the money. When the owner learned what had happened, he called the police.
Can the person be convicted of larceny by trick?
(A) No, because he made a statement of mistaken opinion, rather than a false representation.
(B) No, because the owner voluntarily handed the baseball card to the person without being subjected to any force or violence.
(C) Yes, because he acquired possession of the owner’s property through a statement that was made with the intent to obtain the baseball card.
(D) Yes, because he converted the baseball card to his own use.
Scroll Down for Answer and Explanation
The correct answer is A. A similar and related offense to larceny is larceny by trick, which applies when an accused:
- acquires possession of a victim’s property through lies;
- intends to fraudulently convert the property; and
- does fraudulently convert the property.
The accused is not culpable if he made a statement of mistaken opinion to a victim, rather than a false representation.
B is incorrect for the above reasons and because it erroneously implies that violence is necessary to obtain a conviction for larceny by trick.
C and D are incorrect because they ignore the fact that the person’s statement was a mistaken opinion, rather than a false representation.
Criminal Law § II A(2)(b)(2) Other Crimes: Theft: Larceny: Larceny by Trick: Exception for Mistaken Opinion