Asportation in United States

Asportation Definition

Carrying away. A common-law ingredient of larceny. There must be such a caption that the accused acquires dominion over the property, followed by such an asportation or carrying away as to supersede the possession of the owner for an appreciable period of time. 94 Ala. 535. Thus it has been held not larceny to merely set a package of goods on end, with intent to steal it in the future (1 Leg. C. C. 237) , or to touch a pocketbook in another’s pocket without removing it (99 Mass. 431), or to attempt to carry away property which is attached by a chain to the person of the owner (1 Leg. C. C. 321). On the other hand, the slightest asportation is sufficient, and it has been held larceny to remove a package from one end of a wagon to the other (1 Leg. C. C. 236), or to partly lift money from a pocket, though it was dropped before being entirely removed (1 Moody, C. C. 78; 20 Ohio St. 508). The asportation need not be by the hand oJ the trespasser; a carrying away by an innocent agent (125 Mass. 390), or by mechanical means, as by fraudulently connecting a private pipe with gas mains (1 Cox, C. C. 213) , being sufficient.

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Legal Issue for Attorneys

Carrying away. A common-law ingredient of larceny. There must be such a caption that the accused acquires dominion over the property, followed by such an asportation or carrying away as to supersede the possession of the owner for an appreciable period of time. 94 Ala. 535. Thus it has been held not larceny to merely set a package of goods on end, with intent to steal it in the future (1 Leg. C. C. 237) , or to touch a pocketbook in another’s pocket without removing it (99 Mass. 431), or to attempt to carry away property which is attached by a chain to the person of the owner (1 Leg. C. C. 321). On the other hand, the slightest asportation is sufficient, and it has been held larceny to remove a package from one end of a wagon to the other (1 Leg. C. C. 236), or to partly lift money from a pocket, though it was dropped before being entirely removed (1 Moody, C. C. 78; 20 Ohio St. 508). The asportation need not be by the hand oJ the trespasser; a carrying away by an innocent agent (125 Mass. 390), or by mechanical means, as by fraudulently connecting a private pipe with gas mains (1 Cox, C. C. 213) , being sufficient.

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This definition of Asportation is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

Illegal removal of goods from the place where they were deposited, without the owner permission. It is often judged to be a larceny, which is also called Petty Theft. Larceny is the criminal taking and carrying away (theft) of personal property (including money) belonging to another, without his/her consent, with the purpose of depriving the owner of its possession. It is distinguished from petty (or petit) larceny. See larceny (in U.S. law).

(Revised by Ann De Vries)

What is Asportation?

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