Explain the five elements of common law larceny
What will be an ideal response?
• Taking: must be trespassory; taker has no right to possession. Larceny is a crime against the rightful possessor of the property.
• Carrying away (asportation): property must be entirely removed from the place it formerly occupied. As long as removal is accomplished, it doesn't have to be moved any great distance.
• Personal property is anything that is not land or things permanently attached to land, such as houses and trees. If a tree is cut down, it then becomes personal property. In addition, services such as electricity and water can be the subjects of larceny.
• Another person: larceny is a crime against the possession of property of another person.
• At common law, the intent must be to permanently deprive the rightful possessor of the property. Many modern statutes provide that theft has occurred regardless of whether the intent was to permanently or temporarily deprive the rightful possessor of the property.
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What will be an ideal response?
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What will be an ideal response?
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