Extra Credit: Larceny/Theft

 Chiuying Perng

Missy Cunningham

ADJU 3

CRN 22512

11. 10. 23

Extra Credit(theft/ larceny)

Larceny theft which people usually conceal taken from supermarkets or retail stores of shoplifting. "The elements are a taking and carrying away, of the property of another, without consent, and with intent to deprive the owner of possession of the property. (zoom 28:31)".

A topical theft or larceny statute would require 1) taking of 2) property of another with 3) intent to deprive the owner of possession thereof.

In the textbook, it states that "if the property has been abandoned or if the owner of the property cannot be located, then theft or larceny cannot be proved. Abandonment has been defined as the relinquishment or surrender of property or the rights to property" (Criminal Law, p381).

Since in this case, the carpet appeared out of one residence's door, it was probably still wet. Based on the condition, the information supports the claims the carpet was not abundant based on the usage and condition of the carpet. Some people will assert the carpet was from a valid owner because of the carpet's appearance of usage and depreciation and the owner can be located with a prove from the court; however, it was not really with a label show who owns it or will be part of abundant or not. This would be a reason to assert it was unable to prove ownership and abundant because of no custodian or Mens Rea of absence. As the first sentence saying, from ch13 zoom presentation, if a property had be abundant, then a defender unlawfully taking and carrying away that property can not be guilty of larceny/ theft.