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Criminal Law • Crimes Against Property
CRIMLAW#042
Legal Definition
Larceny by trick is a taking with the victim's apparent consent, but the consent is negated because the defendant acquired possession by misrepresentation. The victim only gives up custody.
Plain English Explanation
As you've learned in other cards, "larceny" is a type of theft where a defendant wrongfully takes possession of property and takes it from its owner with no intention of giving it back. Larceny by trick addresses how the defendant acquired their possession of the property. Head on over to the Hypo section for some examples.
Hypothetical
Hypo 1: Sam is at a golf course. Bob is standing next to Sam. Bob walks over to Sam's golf clubs, picks them up, and walks away intending to never give them back. Result: Bob has committed larceny.
Hypo 2: Sam is at a golf course. Bob walks up to Sam and claims to be Sam's caddie. Bob is lying. Sam hands over his clubs. Bob takes them and leaves, never intending to give them back. Result: Bob has committed larceny by trick.
Hypo 2: Sam is at a golf course. Bob walks up to Sam and claims to be Sam's caddie. Bob is lying. Sam hands over his clubs. Bob takes them and leaves, never intending to give them back. Result: Bob has committed larceny by trick.
Related Concepts
Can a defendant commit larceny against abandoned property?
What are false pretenses?
What are the crimes against property?
What is a continuing trespass?
What is arson?
What is burglary?
What is embezzlement?
What is extortion and blackmail?
What is forgery?
What is house burning?
What is larceny?
What is malicious mischief?
What is receipt of stolen property?
What is robbery?
