Which element is essential to common law larceny?

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Multiple Choice

Which element is essential to common law larceny?

Explanation:
The essential element tested is the intent to permanently deprive the owner of possession. Under common law, larceny requires a trespassory taking and carrying away of property of another with the intent to permanently deprive the owner of it. Consent defeats trespass, so taking with the owner's permission isn’t larceny. Taking something as a gift shows no intent to permanently deprive, so it wouldn’t be larceny either. Using force would point to robbery, not larceny.

The essential element tested is the intent to permanently deprive the owner of possession. Under common law, larceny requires a trespassory taking and carrying away of property of another with the intent to permanently deprive the owner of it. Consent defeats trespass, so taking with the owner's permission isn’t larceny. Taking something as a gift shows no intent to permanently deprive, so it wouldn’t be larceny either. Using force would point to robbery, not larceny.

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