A defendant is guilty of larceny if they originally took property without intent and later develop intent to steal. What legal principle is this?

Prepare for the Georgia Criminal Law Test with multiple choice questions and detailed explanations. Understand legal principles and boost your exam confidence!

The correct legal principle is that of continuing trespass. In the context of larceny, this principle applies when a defendant initially takes property without any intent to permanently deprive the owner of it. However, if they later develop the intent to steal the property while still in possession of it, the original taking becomes a continuing trespass. This means that the unlawful possession continues until the defendant forms the intent to steal, at which point it can be classified as larceny.

Continuing trespass allows the courts to establish that the act of taking the property, even if initially without intent, evolves into larceny as the intention to deprive the owner permanently is formed. This illustrates an important facet of larceny: it is the intent to permanently deprive the owner that is critical for establishing guilt, and this principle accounts for scenarios where an individual transitions from innocent possession to criminal intent.

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