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Which of the following is not relevant to proving any element which constitutes either actus reus or mens rea of larceny?The defendant takes the property without consent by the possessorThe defendant does not intend to return the property to the possessorThe defendant intends to take property that it is illegal for the possessor to possessThe defendant takes tangible property away from the possessor

Question

Which of the following is not relevant to proving any element which constitutes either actus reus or mens rea of larceny?The defendant takes the property without consent by the possessorThe defendant does not intend to return the property to the possessorThe defendant intends to take property that it is illegal for the possessor to possessThe defendant takes tangible property away from the possessor

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Solution

The statement that is not relevant to proving any element which constitutes either actus reus or mens rea of larceny is: "The defendant intends to take property that it is illegal for the possessor to possess".

This is because larceny involves the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of its possession. The legality of the possession of the property by the original owner is not a factor in determining whether larceny has occurred.

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