Also known as: asportations
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An act of carrying away or removing property, however slightly, that completes the asportation element of common law larceny. The movement must be part of the carrying away process and demonstrate the defendant's dominion over the property.
An act of carrying away or removing property, however slightly, that completes the asportation element of common law larceny. The movement must be part of the carrying away process and demonstrate the defendant's dominion over the property.
Select any source to read its text and confirm it supports the definition.
The movement of a victim that satisfies an element of kidnapping when the confinement is accompanied by asportation rather than secret imprisonment.
Select any source to read its text and confirm it supports the definition.
The movement of a victim that satisfies an element of kidnapping when the confinement is accompanied by asportation rather than secret imprisonment.
Each sense below has its own examples, sources, and questions.
Aaron reaches into Anita's coat pocket during a crowded subway ride and shifts her wallet several inches toward the opening before she notices and grabs his wrist. The movement satisfies the asportation requirement because every part of the wallet was displaced as part of the carrying away process even though Aaron never fully removed it from her possession.
Austin grasps Lena's laptop from her open locker and lifts it several inches with intent to steal it before she enters the room and he drops it. The brief elevation of the laptop meets the asportation element because the property was moved as part of the carrying away process even though Austin never left the area.
Liam detours from his forklift route at Apex Freight and moves a pallet of tablets into a secluded corner before loading boxes into his car after his shift. The relocation of the pallet and subsequent loading satisfy asportation because the property was carried away however slightly during the process of exercising unauthorized control.
Frankie removes five marked power tools from South Development's communal bin and places them in his zipped backpack before carrying the bag thirty feet across the gravel lot. The placement into the backpack and the thirty-foot movement complete asportation because the tools were displaced as part of the carrying away process.
Quincy loads multiple crates of premium seed from Rhonda's barn into his truck and drives them to his home after the planting season ends. The loading and transport of the crates satisfy asportation because the property was moved however slightly during the carrying away process even though Quincy later claimed a good-faith belief in permission.
Any movement of all or part of the property however slight is sufficient provided it occurs as part of the carrying away process. Courts have held that shifting a wallet six inches or rolling a car a short distance meets the requirement because the purpose is to verify the defendant's dominion over the property.
Supporting sources
Yes. The taking or caption element requires the defendant to obtain actual control over the property while asportation requires subsequent movement of the property however slight. Merely moving property without gaining control fails the taking element but any movement after control is achieved can satisfy asportation.
Supporting sources
Many modern statutes have abolished or modified the asportation requirement by consolidating theft offenses and focusing instead on whether the defendant exercised unauthorized control with intent to deprive. Common law larceny however still requires both caption and asportation.
Supporting sources
In kidnapping the asportation element requires movement of the victim that is not merely incidental to another offense. A short distance can suffice if it facilitates the unlawful objective such as moving a victim a few feet to a waiting car.
Supporting sources
…of which, under section twelve hundred and ninety of the penal law, was denominated a larceny, to wit: common law larceny by asportation, common law larceny by trick and device, obtaining property by false pretenses, and embezzlement.” [^maj-34]: Cf. Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47…