MBE Rules · Criminal Law
Larceny
The rule
Trespassory taking and carrying away of the personal property of another with intent to permanently deprive at the time of the taking. Mistake of fact (claim of right) defeats intent. Continuing trespass doctrine: lacking intent at taking but forming it later still completes larceny if original taking was wrongful.
In plain English
Larceny is stealing something with the plan to keep it forever. If you mistakenly think it's yours, it's not larceny. If you decide to keep it later, it's still larceny if you took it wrongfully.
Worked example
The defendant borrows a bike, intending to return it. Later, they decide to keep it. Since the initial borrowing was without permission, it's larceny once they decide not to return it.
Memory hook
LARCENY: snatch, stash, never give back. Trespassory taking with intent to keep is key.
The trap
Students think: Intent must exist at taking. Wrong, because continuing trespass doctrine applies if initial taking was wrongful. The actual test is intent can form later.
How examiners test it
The MBE loves: defendant takes property thinking it's theirs, later decides to keep it. Trap: students miss continuing trespass doctrine—original wrongful taking suffices.
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