Which principle of concurrence applies to larceny and burglary?

• A. Double jeopardy
• B. Res ipsa loquitur
• C. Culpable mental state only
• D. Concurrence of mens rea and actus reus

Answer: (D)

Concurrence of mens rea and actus reus is required for larceny and burglary. In these offenses the crime unfolds only if the mental state—the intent to steal in larceny, or the intent to commit a crime inside the building in burglary—exists at the same time as the prohibited act. For larceny, the actus reus is taking someone else’s property, and the defendant must have the intent to permanently deprive the owner at the moment of taking. If the property is taken without that intent (or the intent is formed after the act), there’s no larceny. For burglary, entering with the purpose to commit a felony or theft inside must accompany the entry itself. If entry occurs without that intent, or the intent is formed after the entry, burglary doesn’t apply. This principle links the two elements so liability arises only when both the act and the corresponding mental state coincide. The other options don’t fit: double jeopardy concerns punishments for the same offense, res ipsa loquitur relates to negligence in civil cases, and asserting “culpable mental state only” ignores the necessary act in these crimes.