Asportation Equals Larceny
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
18843_patio_pressure_washer · CRIMINAL · Choice BNo, because power tools are not personal property.
Why it's attractive
The 'not personal property' framing is a `tiered_absolute` overclaim that loses to the obvious counterexample: a pressure washer is a movable, tangible item of personal property capable of being larcenized. The choice is also NOT_RESPONSIVE to the real issue, which is the intent-to-permanently-deprive element, not the personal-property element.
Why it's wrong
The 'not personal property' framing is a `tiered_absolute` overclaim that loses to the obvious counterexample: a pressure washer is a movable, tangible item of personal property capable of being larcenized. The choice is also NOT_RESPONSIVE to the real issue, which is the intent-to-permanently-deprive element, not the personal-property element.
18843_patio_pressure_washer · CRIMINAL · Choice CYes, because any unauthorized use of property is larceny.
Why it's attractive
The word 'any' is the visible overclaim marker. Larceny requires the intent to permanently deprive, not merely unauthorized use. Safe, short, return-planned borrowing is the counterexample that the universal quantifier cannot capture. Dominant trap.
Why it's wrong
The word 'any' is the visible overclaim marker. Larceny requires the intent to permanently deprive, not merely unauthorized use. Safe, short, return-planned borrowing is the counterexample that the universal quantifier cannot capture. Dominant trap.
18843_patio_pressure_washer · CRIMINAL · Choice DYes, because the pressure washer moved from one place to another.
Why it's attractive
Asportation is one of the elements of larceny, not the whole thing. The intent-to-permanently-deprive element is independently required, and the stem supplies clear temporary-use and intent-to-return facts that defeat the intent element on their face.
Why it's wrong
Asportation is one of the elements of larceny, not the whole thing. The intent-to-permanently-deprive element is independently required, and the stem supplies clear temporary-use and intent-to-return facts that defeat the intent element on their face.
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