Is the intent to deprive permanently a requisite element of the crime defined by Section 661?

MultiRegion, United States of America

The following excerpt is from U.S. v. Maloney, 607 F.2d 222 (9th Cir. 1979):

As the majority acknowledges, there is substantial authority that would lead to the conclusion that 661 only defines common law larceny and thus that the "intent to deprive permanently" is, in fact, a requisite element of the crime defined by 661. Several cases interpret the key phrase "takes and carries away, with (the) intent to steal or purloin" to be a codification of the common law crime of larceny. LeMasters v. United States, 378 F.2d 262, 267-68 (9th Cir. 1967); United States v. Rogers, 289 F.2d 433, 437 (4th Cir. 1961); United States v. Posner, 408 F.Supp. 1145 (D.C.Md.1976).

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