Robbery, Theft, and Larceny

Question 1

Robbery at CL

Answer 1

The unlawful taking of another person’s property through the use of force or threat of force, with the intent to steal - permanently deprive the victim of their property

Question 2

Larceny at CL

Answer 2

The trespassory taking of another person’s personal property with the intent to steal - permanently deprive the victim of their property
- limited to personal property that is “moveable”

Question 3

“Trespassory” in Larceny

Answer 3

Person not in possession takes from someone who is in possession
- possession may be actual or “constructive” [possessor retains legal control]
- mere custody does NOT constitute possession
- the moment the person in custody of the property wrongfully interferes with the possessory interest is the moment the “taking” occurs (JONES - moment he withdrew the money from his account)
- people retain possessory interest in lost property, and a finder commits larceny if he does not take reasonable steps to find the owner (BROOKS)
- “intent to steal” includes attempts to offer the property back to the rightful owner in exchange for compensation (DAVIS)