Also known as: carries away · carried away · carrying away · asportation
Written by attorneys · grounded in primary & secondary sources — see below
Movement of all or part of tangible personal property, however slight, that satisfies the asportation element of common law larceny. The movement must occur as part of removing the property from the victim's possession with intent to deprive permanently.
Malik reaches into Jenna's open locker at the data center and grasps her laptop with both hands. He lifts the laptop a few inches off the shelf before Jenna enters and he drops it. The slight upward movement completes the carrying away element even though the laptop never leaves the room.
Frankie removes five marked power tools from South Development's open bin and places them inside his zipped backpack. He then carries the backpack thirty feet across the construction site toward his truck. The movement of the tools inside the backpack satisfies carrying away under the larceny rule.
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Shelby approaches Connie's bedside and removes the hearing aids from the table. She places the devices into her pocket and walks away to attend other patients. The act of moving the aids from the table into her pocket and retaining them constitutes the required carrying away.
Rita directs Silas into a locked off-road vehicle at the State A site. The vehicle crosses into State B and travels a substantial distance to a remote camp. The forcible movement of Silas from one jurisdiction into another satisfies the carrying away element of traditional common law kidnapping.
A defendant removes several items of United States property from a storage area and transports them to a different location for personal use. The physical relocation of the items satisfies the carrying away component of the theft statute at issue in the prosecution.
The defendants accumulate a large quantity of water on their land in a reservoir. When the water escapes and flows onto the plaintiff's adjacent property, the resulting movement of the water across the boundary line illustrates the concept of carrying away in the context of the dispute.
No. Any movement of the property, however slight, satisfies the carrying away element when done as part of removing it from the victim's possession. The laptop lifted a few inches inside the locker meets the requirement even though it never leaves the room.
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Taking requires obtaining control over the property. Carrying away requires subsequent movement of the property as part of removing it from the victim's possession. Both elements must be proven separately for completed larceny.
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No. Embezzlement requires an intentional conversion of property already in the defendant's lawful possession or custody. The law does not require any movement or carrying away of the property.
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Traditional common law kidnapping required forcibly carrying a person from his own country into another country. Modern statutes have broadened the offense to include substantial movement within a single jurisdiction or confinement for prohibited purposes.
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…to do; for, according to the principle acted on in Smith v. Kenrick , the person working the mine had a right to win and carry away all the coal without leaving any wall or barrier. But that is not the real state of the case. The Defendants, in order to effect an object of their own, brought on to their land, or on to…