Larceny

Question 1

What is larceny?

Answer 1

Larceny is the unlawful taking of property in someone else’s possession with the intent to permanently deprive

Question 2

What type of intent is required for larceny?

Answer 2

Specific intent

Question 3

What are common law elements of larceny?

Answer 3

At common law, larceny requires:
1. trespassory taking
2. carrying away
3. tangible personal property
4. of another
5. with intent to permanently deprive or steal

Question 4

What is the continuing trespass doctrine?

Answer 4

If D trespassorily takes property, but at the time intends it to be temporary, but later decides to permanently deprive the owner of the property, the continuing trespass doctrine establishes a concurrence between the initial unlawful taking and the subsequent requisite intent to steal

Question 5

Will intent be found if D believes the property to be theirs?

Answer 5

No intent if the D thinks the property is theirs, no matter how unreasonable their belief

Question 6

Will intent be found if D has intent to return property?

Answer 6

If, at the time of taking, the D intends to return the property to the victim unconditionally and within a reasonable time, no intent will be found IF D has the ability to return the property