Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant is charged with larceny for taking a wallet from a park bench. The defendant genuinely believed the wallet had been abandoned and intended to keep it. However, the wallet had merely fallen out of another person's pocket moments before and was not abandoned. In a jurisdiction requiring specific intent for larceny, which of the following is the most likely outcome?
- AThe defendant is not guilty because his mistake of fact negates the specific intent required for larceny.
- BThe defendant is not guilty because the wallet was found property.
- CThe defendant is guilty because his belief was unreasonable.
- DThe defendant is guilty because he took the wallet with the intent to permanently deprive the owner.
Show answer & explanationAnswer & explanation
Correct answer: A. The defendant is not guilty because his mistake of fact negates the specific intent required for larceny.
Larceny requires the specific intent to permanently deprive another of their property. A genuine (even if unreasonable) mistake of fact as to ownership or abandonment can negate this specific intent. If the defendant genuinely believed the wallet was abandoned, he lacked the intent to deprive 'another' of their property, which is a necessary element of larceny.
Why the other options are wrong
- B. While it was 'found' property from his perspective, the legal issue is whether his belief about its ownership negates the required intent, not merely that it was found.
- C. For specific intent crimes, a mistake of fact does not necessarily need to be reasonable to negate intent; it only needs to be genuine.
- D. The intent to permanently deprive must be directed at 'another's' property. If he believed it was abandoned, he lacked that specific intent.
Mistake of Fact (Specific Intent Crimes)
A defense where a defendant's genuine (and sometimes reasonable) misunderstanding of a factual circumstance negates the specific intent required for the crime.
- For specific intent crimes, the mistake only needs to be genuine.
- For general intent crimes, the mistake must typically be both genuine and reasonable.
- Larceny is a specific intent crime (intent to permanently deprive).
Memory trick: Fact or Law: Know Your Mistake's Power.