Larceny Flashcards
1
Q
Elements of larceny
A
- the taking;
- and carrying away;
- of the tangible personal property;
- of another;
- with the intent to permanently deprive the owner thereof.
2
Q
When is Carrying Away element satisfied?
A
Carrying away is complete upon even slightest movement
3
Q
Taking and Carrying Away must concur…
A
… in time,
with intent to permanently deprive
4
Q
Intent required for larceny?
A
Specific intent to permanently deprive
5
Q
Defenses to Larceny
A
Genuine belief that it:
- it is your property,
- abandoned property, or
- claim of right (even if unreasonable)
6
Q
Larceny by Trick
A
∆ obtains possession,
by presenttion or promise he knows is false,
at the time he takes possession
Custody/Possession/Title:
- gain possession by fraud
Actus Reus:
- Inducement of possession by fraud
- Conversion
Mens Rea:
- Intent to permanently deprive