When does continuing trespass become larceny?

• A. The moment the defendant decides not to return the property.
• B. The moment the defendant borrows the property.
• C. The moment the owner demands return.
• D. The moment the property is stolen.

Answer: (A)

Continuing trespass hinges on when the possessor forms the intent to permanently deprive the owner. Larceny requires asportation taken in a trespassory way with the intent to deprive permanently. If the property is originally taken with no intention to keep it, there isn’t larceny yet. The turning point is when the taker decides not to return the property. At that moment the intent to deprive is formed, and the continuing trespass becomes larceny.

So, borrowing the property without the plan to return it isn’t larceny by itself; the owner’s demand for return doesn’t create the crime either; the key moment is the defendant’s decision not to return. The act of taking alone isn’t necessarily larceny if there was no intent to deprive at that time, and “the moment the property is stolen” is not accurate if the thief only forms the intent to steal later.