However, larceny remains an offence in parts of the United States and in New South Wales, Australia, involving the taking ( "'caption "') and carrying away ( "'asportation "') of personal property.
12.
In the United States, larceny is a common law crime involving theft . Under the common law, larceny is the trespassory taking ( caption ) and carrying away ( asportation, removal ) of the tangible personal property of another with the intent to deprive him or her of its possession permanently.
13.
Other common-law crimes had outmoded elements, and certainly a common-law court could not say those elements no longer existed because the ancient rationale for them had changed asportation, as an element of common-law larceny, or " breaking the close " as an element of burglary, for instance . ( Of course, today this behavior would be subject to punishment under statutory definitions of crimes rather than common-law definitions . ) Rogers might have known that the rule was outmoded, but he could not have known that the rule had ceased to exist until the court or the legislature told him so.
