Also known as: res alienae · alien thing · property of another
Written by attorneys · grounded in primary & secondary sources — see below
Property belonging to a person other than the actor or claimant. The phrase identifies the object of a taking or interference as belonging to someone else and therefore outside the actor's own ownership or privilege to control.
Raymond Ramos purchased seed and fertilizer from Star Rural at below-wholesale prices after Gemma altered inventory records. He resold the goods through his own supply business. The seed and fertilizer remained the property of Star Rural at the moment of the taking.
Ryan Roberts removed five marked power tools from South Development's open bin on the construction site. He placed the tools inside his zipped backpack and carried them thirty feet toward his truck. The tools stayed the property of South Development throughout the removal.
Rosa Ruiz, in-house counsel, learned that her client planned to market a service it could not deliver by using contract templates she had drafted. The client intended to collect payments from business customers who would rely on the false representations. The anticipated payments constituted the financial interests or property of another.
Select any source to read its text and confirm it supports the definition.
Rhea Reynolds, a property manager, cut the chains on a trailer owned by GreenScape Landscaping and towed it across a firebreak to protect her company's model home. Several mowers and trimmers inside the trailer broke during the towing. The trailer and its contents remained the property of GreenScape throughout the emergency use.
Renata Russo seized Craig's briefcase containing settlement checks from the chair beside him in the conference room. She later removed additional checks from a desk in an adjacent office while Craig remained nearby. Both sets of checks constituted the personal property of Craig or his firm at the time of the taking.
Ronald Reed accepted five power tools from a subcontractor who had removed them from South Development's bin without permission. Reed knew the tools carried South Development's logo and paid cash below market value. The tools remained the property of South Development when Reed took possession.
The phrase identifies that the tangible personal property taken must belong to someone other than the defendant at the moment of the trespassory taking. The prosecution must prove the victim held a possessory interest the defendant was not privileged to infringe.
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Yes. The definition includes any interest held by another person that the actor is not privileged to infringe, even if the actor holds a partial or competing interest.
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The property must be shown to be that of another at the time the defendant receives, retains, or disposes of it with the required knowledge or belief. The receiver's status as a dealer in stolen goods then determines whether the offense is graded as a felony of the third degree.
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No. Common-law larceny requires tangible personal property. Real property and fixtures are excluded, although the Model Penal Code separately criminalizes unlawful transfer of immovable property or an interest therein.
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Yes. When a client uses the lawyer's services to commit a crime or fraud that will cause substantial injury to the financial interests or property of another, the lawyer may disclose information to prevent, mitigate, or rectify that injury.
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…life." [^maj-5]: Section 26-1902 (1972) provides: "A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A…