What is the "taking" and "asportation" elements of a theft?

California, United States of America


The following excerpt is from People v. Hollingquest, 2d Crim. No. B292958 (Cal. App. 2019):

Moreover, the "taking" element of a theft "has two aspects: (1) achieving possession of the property, known as 'caption,' and (2) carrying the property away, or 'asportation.' [Citations.] Although the slightest movement may constitute asportation [citation], the theft continues until the perpetrator has reached a place of temporary safety with the property. [Citation.]" (People v. Gomez (2008) 43 Cal.4th 249, 255.) Here, the evidence indicates that appellant never reached a place of temporary safety after he took the golf cart. The police began pursuing appellant shortly after he committed the theft, appellant fled,

Page 7

Other Questions


Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
What are the elements of theft by trick or larceny by trick? (California, United States of America)
Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (California, United States of America)
What are the elements of theft by larceny? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
What are the requirements for a jury to consider the elements of robbery and theft in a jury trial? (California, United States of America)
What are the elements of grand theft and receiving stolen property? (California, United States of America)
What are the elements of grand theft and receiving stolen property? (California, United States of America)
Does a plea of not guilty put "all the elements of the elements" of a charged murder charge in issue? (California, United States of America)
Can a defendant be convicted of grand theft and felon in possession of a firearm after he takes a pistol from a house, keeps it, and then abandoned it at another house? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.