Identify and explain the elements of actus reus and mens rea of larceny

Question

What will be an ideal response?

Answer 1

There are four elements to the actus reus of larceny. They are: 1) Trespass 2) Taking 3) Carrying away 4) Personal property. The "trespass" element of larceny stems from the Latin phrase trespassbe bonis asportatis, which referred to a tort in which one party interfered with another's lawful possession of a chattel. The trespass element of larceny is straightforward enough, as we have seen. The taking element, however, is much more complicated. In general, taking refers to the removing the property from the possession of another. Possession also has to be distinguished from custody. One who has property in his or her custody has control over it.
However, just because one has custody over property does not mean the property is in that individual's possession. Larceny is a crime in which property is taken from the possession of another, not the custody of another. This distinction rarely comes up in practice, but it is still important. To summarize, taking is synonymous with dispossessing someone of property. In other words, one who takes property from the possession of another "takes" it. The carrying way (or asportation) of property is another essential—and time-honored—element of larceny. Significant movement is not necessary, however. Personal property is distinct from real property, the latter of which is typically land. Since land cannot be picked up and carried away, it cannot be stolen—at least under a common law definition of larceny. The only ways to take possession of land are either to evict the owner from the property or obtain title to the land. Both actions, if illegal, are remedied by means other than larceny prosecution (there are legal means for taking land, such as eminent domain). Even certain items attached to real property are considered the same as real property and thus cannot be stolen. Larceny is also limited to the taking of another's property. Another's property is defined as "property in which any person other than the actor has an interest." Basically, a person cannot steal his or her own property. The mens rea of larceny requires intent to permanently deprive the owner or possessor of the property.