asportation | Definition

asportation

In the criminal law context, asportation refers to the act of moving an object or person from one place to another.


Asportation is often an element of certain crimes, such as larceny (theft) and kidnapping, in which the movement of an object or person is an essential part of the crime. In order to prove larceny, for example, the prosecutor must show that the defendant took possession of the stolen property and moved it, even if only a short distance. Similarly, in a kidnapping case, the prosecutor must show that the defendant moved the victim from one location to another, or that the defendant intended to do so. Asportation is a required element of these crimes because the movement of the object or person is what distinguishes them from other offenses, such as possession of stolen property or false imprisonment.


[ Glossary ]


 

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