asportation

asportation (as-p[schwa]r-tay-sh[schwa]n), n. The act of carrying away or removing (property or a person). • Asportation is a necessary element of larceny.

— Also termed carrying away. See LARCENY. [Cases: Kidnapping 1; Larceny 17; Robbery 10. C.J.S. Kidnapping §§ 1–2; Larceny§ 6; Robbery § 5.] — asport, vb. — asportative, adj.

“There is no larceny unless the personal goods of another which have been taken by trespass are ‘carried away,’ but this technical requirement may be satisfied by a very slight movement. There must be ‘asportation,’ to use the word commonly found in the early cases, but the slightest start of the carrying-away movement constitutes asportation.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 323 (3d ed. 1982).

“To constitute larceny, there must be a taking or caption and carrying away or asportation of the property of another. There is a caption when the defendant takes possession. He takes possession when he exercises dominion and control over the property. There is an asportation when he carries away the property; any carrying away movement, however slight, is sufficient. An asportation presupposes a prior caption; therefore, there can be no asportation unless there has first been a caption.” 3 Charles E. Torcia, Wharton’s Criminal Law § 357, at 412–13 (15th ed. 1995).


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