Also known as: personal property of others · chattel of another
Written by attorneys · grounded in primary & secondary sources — see below
Tangible movable items belonging to a person other than the defendant that are capable of being possessed and have some value. The phrase identifies the object that must be taken in common law larceny and robbery.
Select any source to read its text and confirm it supports the definition.
Leo, a graduate assistant, packed several high-value cameras from a locked storage cabinet into his car and took them to his apartment for a personal project. He planned to keep the cameras indefinitely. The cameras qualify as personal property of another because the university owned them and retained the superior possessory interest.
During a hurricane, Pierce moved Pavel's boat from a dock to higher ground to prevent it from being destroyed. Pierce acted without Pavel's permission but reasonably believed the move was necessary to protect the boat from serious harm. The boat remains personal property of another even though the privilege may protect Pierce from liability for trespass or conversion.
Amanda seized Craig's briefcase containing settlement checks from the chair beside him in the conference room. She later removed additional checks from a desk in an adjacent office while Craig remained nearby. The briefcase and checks constitute personal property of another taken from Craig's immediate presence.
Tangible movable items that can be possessed and have some value qualify. Real property and fixtures do not. Services and purely intangible rights also fall outside the category.
Supporting sources
The taking must be of property belonging to another, but the intent element focuses on the defendant's purpose to deprive the owner permanently rather than on knowledge of ownership.
Supporting sources
An owner can commit larceny of her own property when another person holds lawful possession at the time of the taking.
Supporting sources
…432 (1981): “To support a conviction for larceny at common law, it must be shown that the defendant took and carried away the personal property of another against his will and with the intent to permanently deprive him of the ownership thereof.” See also State v. Houdeyshell , 174 W. Va. 688, 329 S.E.2d 53 (1985); State v. Neider , 170 W.…