MBE Rules · Criminal Law
Continuing Trespass
Continuing trespass
The rule
One who takes property wrongfully but without intent to steal, and later forms that intent, is guilty of larceny under the continuing-trespass fiction.
In plain English
Continuing trespass occurs when a person initially takes someone else's property without the intent to permanently deprive the owner of it. If that person later decides to keep the property with the intent to steal, they can be charged with larceny due to the ongoing nature of the trespass.
Worked example
Alex borrowed a lawnmower from his neighbor without asking, intending to return it. After using it for a few weeks, Alex decided he liked it too much to give it back and kept it. Alex can be charged with larceny because his initial borrowing turned into an intent to permanently deprive the owner of the lawnmower.
Memory hook
If you start with a trespass, it can turn into theft!
The trap
Exams may present scenarios where students misinterpret the initial intent, confusing borrowing with theft, leading to incorrect conclusions about larceny. Watch for subtle shifts in intent that can change the outcome.
How examiners test it
Questions often involve fact patterns where a defendant initially takes property innocently but later decides to keep it, requiring students to analyze the change in intent for larceny charges.
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