Also known as: trespassory takings
Written by attorneys · grounded in primary & secondary sources — see below
A taking of possession of another's tangible personal property without consent or lawful authority from a person holding a superior right of possession.
Theresa Tucker approaches a crowded subway platform and slips her hand into Talia Torres's coat pocket. Theresa removes the wallet without Talia noticing or consenting and walks away with it. The removal occurs without any prior lawful possession by Theresa, satisfying the trespassory element of larceny.
Tanner Thompson works the night shift at a data center alongside Jenna. During a break Tanner reaches into Jenna's open locker, grasps her laptop, and lifts it several inches intending to keep it. The laptop belongs to Jenna and remains in her superior possession until Tanner seizes control without consent.
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A trespassory taking occurs when the defendant acquires possession without consent from a person with a superior right. In contrast, embezzlement requires initial lawful possession followed by later misappropriation.
Supporting sources
No. Consent procured through deliberate misrepresentation is invalid. The taking remains trespassory and supports a larceny conviction under the doctrine of larceny by trick.
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When the bailee breaks bulk by opening closed containers, possession of the contents reverts to the bailor. The subsequent misappropriation then constitutes a trespassory taking that supports larceny.
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Larceny requires that the defendant form the intent to permanently deprive at the precise moment of the trespassory taking. A later decision to keep the property does not satisfy the contemporaneous mental element.
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…1812, 52 Geo. 3, c. 63 (Eng.), no subsequent enactment vitiated the distinction that the embezzlement statute criminalized non-trespassory takings and larceny remained the proper action in all other cases. Embezzlement remained a purely statutory offense, specifically tailored to criminalize as felonies acts which common law larceny…