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What is a continuing trespass?

Bar Exam Prep β€Ί Criminal Law β€Ί Crimes Against Property β€Ί What is a continuing trespass?
πŸ’• Criminal Law β€’ Crimes Against Property CRIMLAW#040

Legal Definition

A continuing trespass occurs when the defendant wrongfully takes property without initial intent to deprive the owner of it permanently, but later forms the intent to do so. In such a case, the defendant is guilty of larceny.

Plain English Explanation

Many of us have experienced this: you are at a store, you pick up a piece of merchandise, and at some point you are distracted and forget you have the merchandise before leaving the store. Later, you realize that you have taken property that doesn't belong to you and you freak out. This experience is a "continued trespass." Because you never intended to take the property, it isn't technically a theft yet. However, now that you are aware that you have taken property, how you handle the situation will define whether or not a crime has occurred. In other words, if after realizing you have taken something that isn't yours you then decide to keep it, your actions become larceny.

Let's explore another example: Imagine that Bob wants to buy a new car so he goes to his local car dealer. The car dealer is too busy to go on a test drive with Bob, but tells Bob he can test drive the car by himself around the block for 15 minutes. At this point, Bob has permission to drive the car by himself and is restricted to driving only around the block and only for 15 minutes. Bob agrees, takes the keys, and starts to drive. Bob is a little hungry, though, and decides he wants to drive to his favorite taco shop 20 minutes away. Once Bob exceeds the boundaries of his permission, his use is trespassory. If he were to pick up some tacos, drive back, and drop off the car, he would be liable for this trespass. But what if after Bob picks up his tacos, he decides to simply keep the car and never return it? It is at that point his "continued trespass" turns into a larceny.
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