Common Law Larceny
Script v2 · 10:12 / target 10:00 · drafter=anthropic:claude-sonnet-4.5 · verifier=openai:gpt-class
- must#1 Trespassory taking
A trespassory taking requires the actor to take possession of the property without the consent of the rightful possessor; consent obtained by fraud is no consent at all and the taking is treated as trespassory.
We start with the trespassory taking element — that means the actor must seize possession without the rightful possessor's consent, and consent that's been induced by fraud doesn't count as consent.
verified by openai:gpt-class · 91%
- must#4 Intent to permanently deprive
The mens rea of larceny is the specific intent to permanently deprive the rightful owner of the property; an intent to borrow with a present ability and intent to return is not larceny.
- should#5 Constructive possession
An employee who is given mere custody of property remains in the employer's constructive possession; a taking by such an employee may be larceny rather than embezzlement.
Here's a wrinkle worth knowing: when an employer hands an employee mere custody, the employer keeps constructive possession — so the employee taking the property is larceny, not embezzlement.
verified by openai:gpt-class · 84%