Legal Definitions - cepit et asportavit

Cepit et asportavit is a Latin phrase meaning "he took and carried away." Historically, this term was used in legal documents, such as indictments for larceny (theft) or writs of trespass, to describe the essential physical act required for certain offenses: the wrongful taking of goods and their removal from the owner's possession.

It emphasizes two distinct but connected actions:

• Cepit: The act of physically seizing or taking possession of an item.
• Asportavit: The act of carrying the item away, however slight the movement.

This phrase highlights the requirement that for certain historical crimes, there must be a clear physical appropriation and movement of the property in question.

Here are some examples illustrating cepit et asportavit:

• Example 1: Shoplifting
  A person walks into a department store, picks up a designer handbag from a display shelf (the "cepit" or taking), and then walks out of the store with the bag concealed under their coat (the "asportavit" or carrying away). This action perfectly illustrates cepit et asportavit, as the item was physically taken and removed from the store's possession without permission, forming the basis for a theft charge.

• Example 2: Unauthorized Removal of Property
  A contractor, working on a landscaping project, mistakenly removes a valuable antique birdbath from the wrong client's yard (the "cepit" or taking) and transports it in their truck to their workshop (the "asportavit" or carrying away). Even if done by mistake, the physical act of taking and moving the birdbath without authorization demonstrates cepit et asportavit, which could lead to a claim of trespass to chattels or conversion.

• Example 3: Impulsive Theft of a Vehicle
  Someone sees an electric scooter left unattended and unlocked on a public street, picks it up (the "cepit" or taking), and rides it several blocks away to their home (the "asportavit" or carrying away), without the owner's permission or intent to return it. This physical act of acquiring and moving the scooter clearly demonstrates cepit et asportavit, forming the basis for a potential theft charge.