178k views
4 votes
To constitute asportation in theft, the thief must move or otherwise attain some dominion (control) over the property stolen.

a. true
b. false

User Chenglong
by
8.6k points

1 Answer

4 votes

Final answer:

The statement is true. Asportation in theft refers to the act of moving or gaining control over the stolen property.

Step-by-step explanation:

The statement is true.

In the context of theft, asportation refers to the act of moving or taking away the property stolen. It is a crucial element in the legal definition of theft or larceny. For theft to occur, there must be not only the intent to permanently deprive the owner of their property (the mens rea) but also the physical act of carrying away or gaining control over the stolen property (the actus reus).

Asportation does not necessarily require the property to be transported over a significant distance; even a slight movement or echolocation change satisfies this element. It establishes that the thief has exercised control or dominion over the stolen property, distinguishing theft from mere trespass or unauthorized access. Therefore, the statement is true, as asportation is an essential component in the commission of theft. Asportation in theft refers to the act of moving or gaining control over the stolen property. It is an essential element to establish the crime of theft. The thief must physically move or acquire control over the property for the act to be considered theft. For example, if someone steals a purse from a table and carries it away, that would constitute asportation because the thief physically moved the stolen property from its original location.

User Pepa Zapletal
by
9.2k points

Related questions

1 answer
1 vote
109k views
1 answer
0 votes
97.9k views
1 answer
4 votes
162k views