Larceny

Question 1

Larceny: elements

Answer 1

The prosecutor must establish:

(1) A taking (“asportation”): any movement of property, however slight, and even if through an innocent agent;
(2) Of another person’s tangible personal property—i.e., not intangible property, real property, or services;
(3) Without real consent (“trespass”);
(4) With the intent to deprive the person of the property permanently.

Question 2

Larceny: intent

Answer 2

“Borrowing” property with intent to give it back, even without the owner’s consent, is not larceny.

Without intent to keep the property, even destruction of the property while in possession is not larceny.

There is sufficient intent for larceny, however, if the defendant intends to create a substantial risk of loss of the property.

Question 3

Defenses to larceny

Answer 3

Because larceny is a specific intent crime, even if the defendant unreasonably believes that the property is hers, she is not guilty of larceny.

Question 4

Larceny: false pretenses

Answer 4

False pretenses is the obtaining of title to the property of another person through:

(1) the reliance of that person on a known false representation of a material past or present fact; and
(2) the representation is made with the intent to defraud.

Question 5

Larceny: Model Penal Code

Answer 5

Under the MPC and in many jurisdictions, a single statutory crime of theft encompasses larceny, false pretenses, and embezzlement.

Theft under this approach includes both tangible and intangible property.

Question 6

Larceny: by trick

Answer 6

Larceny by trick is:

(1) the obtaining of possession of, but not title to, property owned by another through fraud or deceit
(2) with the intent to permanently deprive the victim of that property.

Larceny by trick also requires the conversion of the property.

Question 7

Larceny: asportation

Answer 7

Asportation is satisfied even if the defendant returned the property, so long as she sufficiently moved the property.

Question 8

Defenses to larceny: claim of right

Answer 8

If a defendant takes property with the honest belief that she is entitled to the property as a claim of right—e.g., as repayment of a debt—the taking does not constitute larceny.

In most states, however, a claim of right cannot serve as a justification for robbery.

Question 9

Larceny: consent

Answer 9

Consent must be real: It cannot be obtained by trick.

The defendant bears the burden of proving consent.

Question 10

Real property

Answer 10

The taking of real-property items—e.g., unharvested crops—is not larceny when the defendant’s act of severance occurs immediately before the carrying away of the real-property items.

Question 11

Larceny: trespass

Answer 11

The initial taking of the personal property must have been unlawful.

Question 12

Larceny: continuing trespass rule

Answer 12

Under the continuing trespass rule, a trespass is deemed to be continuing when the defendant:

• Does not possess the necessary intent at the time of the taking, but
• Later develops the intent to permanently deprive the owner of the personal property.