Legal Definitions - asportation

Asportation refers to the act of physically moving or carrying away property or a person. In legal terms, it is a crucial element required for certain crimes, particularly those involving theft or unlawful confinement.

For asportation to occur, the item or person does not need to be moved a great distance; even a very slight movement is sufficient to satisfy this legal requirement. The key is that the item or person has been displaced from its original position by the perpetrator.

• Scenario 1: Shoplifting

  A customer in a department store picks up a designer handbag from a display shelf and places it inside a large shopping bag they brought with them, intending to leave without paying. Before they can exit the store, a security guard stops them.

  Explanation: Even though the customer did not leave the store, the act of moving the handbag from the display shelf into their personal bag constitutes asportation. This physical displacement, however slight, demonstrates the "carrying away" element necessary for a potential theft charge.

• Scenario 2: Attempted Burglary and Theft

  An individual breaks into a garage and attempts to steal a bicycle. They manage to unchain the bicycle from its rack and push it about three feet towards the garage door before being startled by a noise and fleeing the scene.

  Explanation: The act of moving the bicycle just three feet from its original position fulfills the requirement of asportation. Despite the minimal distance, the bicycle was physically displaced by the perpetrator, which is sufficient for the "carrying away" element of theft, even if the theft was not completed.

• Scenario 3: Unlawful Restraint

  During a heated argument, one person grabs another by the arm and forcibly pulls them from the kitchen into an adjacent pantry, closing the door behind them, against the victim's will.

  Explanation: The act of forcibly moving the person from the kitchen to the pantry, even within the same house, constitutes asportation of a person. This physical removal against their will is a key element in crimes like kidnapping or unlawful imprisonment, as it demonstrates the perpetrator's control over the victim's movement.