California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A client, an unemployed construction worker, is walking past a construction site late at night. Noticing a pallet of expensive copper wiring left unsecured, he decides to take it. He loads the wiring onto his truck and drives away. The next morning, he sells the wiring to a scrap metal dealer for cash. The client is charged with larceny. Which type of intent is required for common law larceny?
- ASpecific intent to permanently deprive the owner of the property.
- BGeneral intent to take the property.
- CNegligent failure to ascertain ownership.
- DReckless disregard for the owner's rights.
Show answer & explanationAnswer & explanation
Correct answer: A. Specific intent to permanently deprive the owner of the property.
Common law larceny requires the specific intent to permanently deprive the owner of their property. This is often referred to as 'animus furandi' or felonious intent. Simply taking property (general intent) or having a lesser mens rea is insufficient.
Why the other options are wrong
- B. General intent is not enough for common law larceny; a specific intent is required.
- C. Negligence is an even lower standard and is not applicable to common law larceny.
- D. Recklessness is a lower standard of mens rea and is not sufficient for common law larceny.
Larceny (Common Law)
The trespassory taking and carrying away of personal property of another with intent to permanently deprive.
- Requires specific intent to permanently deprive.
- Must be a 'taking' (caption) and 'carrying away' (asportation).
- Property must be personal property of another.
Memory trick: Property Crimes: Taking, Breaking, Burning, Cheating.