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278. false pretense = 詐欺取財
Obtaining property by false pretensesa is the obtaining of property by intentionally misrepresenting a past or existing fact.
False pretenses is a statutory offense in most jurisdictions; subject matter covered by statute varies accordingly, and is not necessarily limited to tangible personal property, some statutes include intangible personal property and services. For example the North Carolina false pretense statute applies to obtaining "any money, goods, property, services, choses in action, or any other thing of value ..." Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
The elements of false pretenses are: (1) a false representation (2) of a material past or existing fact (3) which the person making the representation knows is false (4) made for the purpose of causing (5) and which does cause (6) the victim to pass title (7) to his property.
a false representation - there must be a description or portrayal of something that is false. If a person makes a statement about something that he mistakenly believes to be untrue there is no false representation. For example, if a person represents that the ring is a diamond solitaire when he believes that is in fact made of cubic zirconium he is not guilty of false pretenses if it turns out that the ring was in fact a diamond. The representation must be false at the time title passes. Thus if the reprentation was false when made but is true at the time title to the property passes there is no crime. For example, representing to a seller that you have funds available in your bank account to pay for the goods when in fact your account has a zero balance is not false pretenses if at the time the transaction takes place adequate funds are present in the account. The representation may be oral or written. The misrepresentation has to be affirmative. A failure to disclose a fact does not fit this misrepresentation in common law, unless there is a fiduciary duty between the thief and victim. Moreover, opinion and puffing are not considered misrepresentation as they color the facts but do not misrepresent them.
of a material past or existing fact - the representation must relate to a material past or existing fact. A representation concerning a future state of facts is not sufficient. Nor is merely an expression of opinion.
which the person making the representation knows is false - A mistaken representation about some past or existing state of facts is not sufficient for false pretense.
made for the purpose of causing and which does cause - It is essential that the victim of the false pretenses must actually be deceived by the misrepresentation: the victim must transfer title to the property in reliance on the representation; and the victim being deceived must be a major (if not the only) reason for the victim's transferring title to the defendant. Simply making a false promise or statement is not sufficient. It is not a defense to false pretenses charge that a reasonable person would not have been deceived by the false representation. No matter how gullible the victim, if he/she was in fact deceived the offense has been committed. On the other hand the offense requires the victim believe the representation to be true. If the person to whom the representation has been made has doubts or serious misgivings about the truth of the representation but nonetheless goes through with the transaction he has not been deceived - he has basically assumed the risk of a false representation.
Title passes - False pretense is conventionally referred to as a crime against "title" and "title" must pass from the victim to the perpetrator for the crime to be complete. However, this is not to be taken literally for the simple reason that a person who obtains ownership of property by deceit does not obtain full title to the property; only a voidable title. 
False pretense applies to situations where the wrongdoer by deceit obtains "title or ownership – or whatever property interest the victim had in the chattel, if it was less than title." If the victim has an interest is the property less than full title the acquisition of that interest through false representation can be false pretenses unless the only interest the person has is possession of the property. In such case the crime would be larceny by trick rather than false pretenses. Larceny by Trick also applies to situations where the wrongdoer by deceit obtains possession only, with the victim retaining ownership or some superior interest in the chattel. Determining whether the victim obtained title or possession can present problems. Generally a sell or conditional sell is sufficient to pass title for purposes of false pretenses whereas lending property does not involve a transfer of title. 
Note that if property is falsely obtained for a specific purpose - for example money to buy a car that does not exist - the crime is larceny by trick rather than false pretenses because the victim intended to pass title to the money only upon completion of the transaction; until such time the victim intended to deliver possession only. The essential distinction between false pretenses and larceny and embezzlement is that false pretenses requires that the victim pass title to the defendant whereas the other offenses do not. The determination as to whether the offense is larceny or false pretenses can have significant effect on the ability of true owner to reclaim the appropriated property. If false pretenses, a bona fide purchaser for value would acquire title superior to the victim; whereas, if the crime is larceny a purchaser from the wrongdoer, bona fide or otherwise, would not acquire any title to the property and would have to return the property to the victim.
279. burglary = 無故侵入住宅
Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is illegal entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary. To engage in the act of burglary is to burgle (in British English) or to burglarize (in American English).
The common law burglary was defined by Sir Matthew Hale as:
The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not. Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats. Breaking does not require that anything be "broken" in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering when they use any means to enter a room where they are not permitted, so long as the room was not open to enter.
Entering can involve either physical entry by a person or the insertion of an instrument with which to remove property. Insertion of a tool to gain entry may not constitute entering by itself. Note that there must be a breaking and an entering for common law burglary. Breaking without entry or entry without breaking is not sufficient for common law burglary.
Although rarely listed as an element, the common law required that "entry occur as a consequence of the breaking". For example, if a wrongdoer partially opened a window by using a pry bar and then noticed an open door through which he entered the dwelling, there is no burglary at common law. The use of the pry bar would not constitute an entry even if a portion of the prybar "entered" the residence. Under the instrumentality rule the use of an instrument to effect a breaking would not constitute an entry. However, if any part of the perpetrator's body entered the residence in an attempt to gain entry, the instrumentality rule did not apply. Thus, if the perpetrator uses the prybar to pry open the window and then used his hands to lift the partially opened window, an "entry" would have taken place when he grasped the bottom of the window with his hands.
House includes a temporarily unoccupied dwelling, but not a building used only occasionally as a habitation
Night time is defined as hours between half an hour after sunset and half an hour before sunrise
Typically this element is expressed as the intent to commit a felony "therein". The use of the word "therein" adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break and enter a dwelling intending to commit a felony on the premises. The situs of the felony does not matter, and burglary occurs if the wrongdoer intended to commit a felony at the time he broke and entered.
The common law elements of burglary often vary between jurisdictions. The common law definition has been expanded in most jurisdictions, such that the building need not be a dwelling or even a building in the conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and the intent may be to commit any felony or theft.
The etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. According to one textbook, "The word burglar comes from the two German words berg, meaning "house", and laron, meaning "thief" (literally "house thief"). Another suggested etymology is from the later Latin word burgare, "to break open" or "to commit burglary", from burgus, meaning "fortress" or "castle", with the word then passing through French and Middle English, with influence from the Latin latro, "thief". The British verb "burgle" is a late back-formation.
280. larceny = 非法取財
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales, Northern Ireland and the Republic of Ireland. It remains an offense in the United States and New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property.
Elements of larceny
Possession versus custody
Larceny is a crime against possession. Furthermore, it has two elements which must be met, the actual taking of the property, even if momentarily (actus rea) and the culpable intent to deprive another of their property (mens rea). Larceny involves the trespassory taking of possession of personal property from another person. As Dressler notes, to understand larceny one must understand the distinction between custody and possession. A person has possession of property when he has actual physical control over the property (actual possession) or he has the right to exercise considerable control over the disposition or use of the property (constructive possession). A person has custody if he has actual physical control of the property but the person who has constructive possession has substantially restricted the custodian's right to use the property. Examples of custody would be a store customer examining the goods of a merchant, an employee who has been given the property of his employer to be used in his employment and a person who has obtained actual possession of the property by fraud.
Take
The taking or caption element requires that the offender take actual physical control of the property, if but for a moment. Under the common law, it was not sufficient if the offender simply deprived the victim of possession; the offender must have gained control over the property. Thus merely knocking an article from a person’s hand was not larceny if the defendant did not thereafter find it.
The control must be complete. In a famous case, the defendant removed an overcoat from a department store mannequin and began to walk away with it. The overcoat was secured to the mannequin by a chain, a fact the defendant first discovered when the chain drew taut. These actions were held not to be larceny because the defendant never had complete control over the disposition and use of the coat.
The taking may be only momentary. In another famous case, the defendant snatched an earring from the victim which immediately became entangled in the victim’s hair. The court held that the defendant's control over the property, although momentary, was sufficient to constitute a taking.
The taking may be either direct or indirect; that is, accomplished by the criminal himself or an innocent agent.
The equivalent term "deprive" is also sometimes used:
To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him, or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property. — N.Y. Penal L. § 155.00 (3).
Carry away
Traditionally, a thief must not only gain dominion over the property, but also must move it from its original position. The slightest movement, a hair's breadth, is sufficient. However, the entirety of the property must be moved. As LaFave noted critically this requirement is the difference between rotating a doughnut (larceny) and rotating a pie (not larceny), as all of the doughnut is moved through rotation while the pie's exact center remains in the same place when rotated. The movement must also be an actual asportation, rather than movement in preparation. For example, in one case the victim had left his wheelbarrow in his yard. As was his custom he turned the wheelbarrow upside down to avoid water collecting in the tub. The defendant intending to steal the wheelbarrow turned it over but was apprehended by the owner before he could push the wheelbarrow away. The court held that the defendant's acts did not satisfy the asportation element of larceny because the movement of the wheelbarrow had merely been preparatory to the carrying away.
Contrary to popular belief, it is not necessary that the property be removed from the owner’s premises or be taken off his property for an asportation to be complete. The slightest movement from its original position with the intent to steal is enough. The problem is proof. If a person picks up a package of steaks intending to steal them then changes her or his mind and puts the steak back in the meat counter, the crime of larceny has been committed but the state will have a difficult time proving it. However, if the thief conceals the steaks by sticking them inside clothing, his or her intent is rather clear. Of course, there could still be an innocent if bizarre explanation. That said, the asportation requirement is not universally required. In People v. Alamo, for example, the New York Court of Appeals eliminated the asportation requirement. In that case the defendant entered a stranger's car and turned on the car's lights and engine. The Court read asportation as merely a corroborative element of possession and control, and thus not necessary to establish possession and control of a car because transportation is the purpose of a car. Turning it on suffices to establish that the thief has taken possession and control.
Additionally, the Model Penal Code eliminates the asportation requirement and instead requires that the defendant "exercise unlawful control." The drafters noted that historically the asportation requirement distinguished larceny (a felony) and attempted larceny (a misdemeanor). They reasoned, therefore, that asportation was an irrelevant requirement because in modern criminal law, like the Model Penal Code, the sentencing consequences between an attempted and completed crime are negligible.
281. arson = 縱火
Arson is the crime of intentionally and maliciously setting fire to buildings, wildland areas, cars or other property with the intent to cause damage. It may be distinguished from other causes such as spontaneous combustion and natural wildfires. Arson often involves fires deliberately set to the property of another or to one's own property as to collect insurance compensation.
A person who commits this crime is called an arsonist. Many arsonists use accelerants, such as petrol or paraffin to get a fire going.

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