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Understanding the Element of Asportation

Larceny involves the element of asportation, which is defined as the carrying away of a piece of personal property. Common law included the term asportation in order for a crime to be classified as a larceny charge. Even the smallest movement of an individual's personal property can be considered asportation. By moving the personal property of another, the perpetrator took control of the property even if only for a moment. Taking control of property can be equated with taking temporary possession of property, which is an element of a larceny charge.

When an individual takes control of property that they have no possession rights to, they are guilty of asportation. As one of the elements of a larceny charge, asportation can sometimes be difficult to prove. In order to meet the requirement for this element in a larceny charge, it must be proven that the perpetrator simply moved the personal property of another. That movement can be minimal in order to meet the requirement of asportation.

Larceny charges require many other elements but without movement of the item, no larceny charges can occur. In addition, the movement required for larceny charges can be done by someone other than the perpetrator if it was at their behest. For example, a person guilty of larceny charges may attempt to sell the personal property of another. In that case, they may have the buyer remove the property.

The actual person that moves the property is not as vital as who instigated the move. For example, a perpetrator may attempt to sell an ATV of which they have no possession rights. When the buyer removes the ATV from its original location, even for a test drive, the perpetrator has met the asportation requirement needed for larceny charges. The buyer would not be charged unless they had reason to believe that the seller did not have legitimate possession rights to the ATV.

A larceny charge requires several elements of the crime. Asportation is a requirement because an object could not have been stolen if it remains where it was originally placed by the person that has possession rights to that property. While the perpetrator may have taken money for the item, there would be no larceny charge unless the item was moved. There would be charges, but they would likely fall under a different category of crime. Perhaps the buyer that was duped out of money for property not received would be the one pressing charges. In that case, the buyer may be able to bring larceny charges. There are crimes that incur charges similar to larceny charges, even if they do not involve asportation.

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