Larceny

Question 1

Common law elements of larceny

Answer 1

1. Trespassory
2. Taking
3. And carrying away
4. Of the personal property
5. Of another
6. With intent to permanently deprive

** Taking and carrying away commonly assessed as possession and control **

Question 2

Stealing property, using it recklessly, and abandoning it hoping true owner will find it

Answer 2

• Even if no specific intent to permanently deprive owner of their property, it will be presumed if there is no likelihood of property getting back to the owner

Question 3

Lifted a change purse out of a bag, then dropping it back and leaving it in the bag

Answer 3

• People v. Rembert
• “Taking” and “carrying away” elements are satisfied by the slightest movement of the property
• Larceny was complete when D moved the change purse, even though he dropped it back in her bag

Question 4

D carrying chair across campus, refused to identify himself to police, behaved strangely, convicted of larceny

Answer 4

• People v Jensen
• Court presumed intent to steal based on behavior of D

Question 5

Car had been started but not yet moved

Answer 5

• People v. Alamo
• Can be convicted of larceny even if automobile has not moved
  
  • Exception only applies to automobiles
• D has dominion and control over vehicle if it has been “activated”

Question 6

Shoplifter acting furtively, has tools to aid shoplifting, OTHER FACTORS FROM CASES

Answer 6

• People v Olivio
• People v Gasparik
• People v Spatzier
• Factors that allow larceny conviction before leaving the store

Question 7

D was interrupted trying to hotwire a car - steering column was dismantled, car had power but engine had not been started

Answer 7

• Possession and control was satisfied when D secures dominion over the property and uses it in a manner inconsistent with the owner’s right
• Larceny was complete; this satisfied asportation/taking away element

Question 8

D seen acting furtively, hiding store property in his shirt, walked past registers toward exit where he was apprehended

Answer 8

• People v. Olivio
• Can be convicted of larceny when shoplifting before leaving the store
• D used store property in manner inconsistent with the store’s rights

Question 9

D stole vehicle but could not disable alarm in order to start it

Answer 9

• People v. Zombo
• D exercised dominion and control over the vehicle in a manner inconsistent with the owner’s rights
• Movement or motion was not required
• Larceny was complete

Question 11

MPC Larceny

Answer 11

Movable Property - Guilty of theft if he unlawfully takes or exercises control over moveable property of another with purpose to deprive him thereof

Immovable property - Guilty of theft if he unlawfully transfers immoveable property or any interest therein with purpose to benefit himself or another not entitled thereto.

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