Legal Definitions - asportavit

Asportavit is a Latin legal term that translates to "he carried away." In legal contexts, it refers to the act of physically moving or carrying away property belonging to another, which is a crucial element in crimes such as larceny (theft).

This act of moving property, often called asportation, signifies that the perpetrator has taken possession and control of the item, however briefly, and removed it from its original location or the owner's immediate control, with the intent to permanently deprive the owner of it.

Here are some examples illustrating the concept of asportavit:

• Example 1: Shoplifting

  A customer in a department store picks up a designer handbag from a display shelf, places it inside their own large tote bag, and then walks towards the store exit. Even if a security guard stops them before they leave the store premises, the act of moving the handbag from the display into their personal bag and walking away with it demonstrates asportavit. The item was physically moved from its intended place of sale and brought under the customer's control, fulfilling the "carrying away" requirement for theft.

• Example 2: Burglary and Theft of Valuables

  During a home burglary, an intruder enters a residence and goes into the master bedroom. They remove several pieces of jewelry from a dresser drawer and place them into a pillowcase they brought. Before the intruder can exit the house, the homeowner returns and calls the police. The act of gathering the jewelry from the drawer and placing it into the pillowcase, thereby moving it from its original location with the intent to steal, constitutes asportavit, even though the items were not yet taken outside the house.

• Example 3: Vehicle Theft

  An individual finds an unlocked car with the keys left inside. They start the engine and drive the vehicle approximately fifty feet down the street before it stalls and they abandon it. Despite the short distance traveled and the vehicle being left behind, the act of driving the car from its original parking spot, even for a brief moment, fulfills the requirement of asportavit. The vehicle was physically moved and brought under the perpetrator's control with the intent to deprive the owner of it.