criminal law · crime
Larceny is defined as the wrongful taking and carrying away of personal property belonging to another, with the intent to permanently deprive the owner of that property. It is a specific intent crime, requiring both the act of taking and the mental state of intending to permanently deprive the owner of their possessions.
The unlawful taking of property must be completed, which involves physically moving the property from its original location.
What to prove: It must be shown that the defendant physically took possession of the property, even if the taking was not completed.
The property must be moved, however slightly, from its original location.
What to prove: It must be demonstrated that the property was moved, which can be as minimal as a few inches from its original spot.
The property taken must be personal rather than real property.
What to prove: It must be shown that the item taken was movable personal property, such as money, goods, or tangible items.
The property taken must rightfully belong to someone other than the defendant.
What to prove: Evidence must establish that the victim was the true owner of the property that was taken.
The defendant must have the intent to permanently deprive the owner of the property at the time of the taking.
What to prove: It must be shown that the defendant intended to keep the property and not return it to the owner.
The prosecution bears the burden of proof, requiring evidence to prove each element of larceny beyond a reasonable doubt.
Larceny questions on exams often focus on intent and may include hypotheticals where either the taking or the intent is ambiguous; pay close attention to these details.