Question

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Whoever, takes any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
Facts : W visits her friend B’s house for a party. She noticed that B possessed a rare gold ornament. Fearing search and detection if she took the ornament, W hid it in an air duct in the ceiling, where it was unlikely to be discovered by B. W intended on returning to B’s house at a future date to take the ornament. Has W committed theft ?

• A. No, because she did not take the ring with her
• B. Yes, W committed theft when she moved the ring
• C. No, because she did not take the ring out of the possession of B
• D. None of the above

Answer 1

The Correct Option is B

To determine whether W committed theft, we need to apply the legal principle provided to the facts:

Principle: Theft occurs when someone takes any movable property out of the possession of another without that person’s consent and moves that property in order to such taking.

Facts: W visited B's house and noticed a rare gold ornament. To avoid detection, W hid the ornament in an air duct with the intention of retrieving it later, without B's knowledge or consent.

Let's analyze the facts against the principle:

1. The principle defines theft as taking movable property out of the possession of its owner without consent.
2. Possession refers to the physical control or custody of an item. By moving the ornament from its original location, W altered B's possession of it, even though W didn't take the ornament out of B's house.
3. Therefore, by moving the ornament with the intention to permanently deprive B of it at a later date, W has met the criteria for theft as she moved the property without B's consent.

Based on this analysis, W has indeed committed theft when she moved the ornament into the air duct, meeting all conditions of the provided definition of theft.

Thus, the most appropriate answer is: Yes, W committed theft when she moved the ring.