MBE Rules · Criminal Law
Larceny by trick
The rule
A defendant commits larceny by trick when he obtains possession (but not title) of another's personal property by means of a knowing misrepresentation, with intent to permanently deprive the owner at the time of the taking. If title also passes, the crime is false pretenses, not larceny by trick.
In plain English
The victim voluntarily hands over the item because of a lie, but only lends or entrusts it — title stays with the owner. It sits between larceny (no consent) and false pretenses (title passes).
The trap
Students conflate it with false pretenses. The line is title vs. mere possession — borrowing a car with a lie is larceny by trick; buying it with a bad check is false pretenses.
How examiners test it
Fact pattern shows defendant borrowing, renting, or otherwise taking custody after a misrepresentation, then keeping or selling the item.
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