Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

Multiple Choice

What is continuing trespass and at what point can it become larceny?

Continuing trespass means the unlawful taking creates a trespass that lasts until the defendant forms the intent to permanently deprive the owner. Larceny can be complete at the moment that intent to steal is formed, even if that moment comes after the initial taking. So if someone borrows property intending to return it, there’s no larceny at the outset. But if they later decide to keep it, the larceny occurs at that moment because the intent to deprive has been formed. This makes the scenario where a person borrows with the plan to return but later keeps it the correct description of continuing trespass turning into larceny. The other options don’t fit because they don’t involve forming the intent to permanently deprive.

Continuing trespass means the unlawful taking creates a trespass that lasts until the defendant forms the intent to permanently deprive the owner. Larceny can be complete at the moment that intent to steal is formed, even if that moment comes after the initial taking. So if someone borrows property intending to return it, there’s no larceny at the outset. But if they later decide to keep it, the larceny occurs at that moment because the intent to deprive has been formed. This makes the scenario where a person borrows with the plan to return but later keeps it the correct description of continuing trespass turning into larceny. The other options don’t fit because they don’t involve forming the intent to permanently deprive.