Larceny

Question 1

What is larceny?

Answer 1

Larceny is the trespassory taking and carrying away of the personal property of another with intent to steal it.

Question 2

What does asportation require at common law?

Answer 2

At common law, asportation requires some movement, even slight.

Question 3

What do most modern jurisdictions require for asportation?

Answer 3

Most modern jurisdictions simply require the defendant to exercise control over the property.

Question 4

What is required for a ‘trespassory’ ‘taking’ in larceny?

Answer 4

Larceny requires a ‘trespassory’ ‘taking,’ which is the exercise of control over the property in a manner inconsistent with the continued rights of the owner.

Question 5

What does the intent to steal element in larceny require?

Answer 5

The intent to steal element requires the defendant to intend to (purposely) exercise permanent or virtually permanent control over the property.