(B) is correct.

Issue: Whether the elements of larceny are satisfied if the defendant did not intend to permanently deprive the owner of his property, but ultimately did permanently deprive the owner of his property.

Rule: The crime of larceny requires a (i) trespassory taking and a (ii) carrying away of another’s (iii) personal property with the (iv) intent to permanently deprive another of their property. Trespassory taking refers to the intent to steal. Importantly, the intent to convert (steal) the property must be formed prior to the trespass and taking. Taking refers to the control of the object passing to the defendant’s control. To satisfy this element, the defendant must have actual control of the property. Even if a defendant moves or destroys the property it will not be considered a taking unless they have taken the property into their control. However, a taking will suffice if the defendant gets control of the property through an individual acting as the defendant’s agent. Carrying away refers to the movement of the object which brings the object into the defendant’s control – any minimal amount of movement will suffice, as long as it brings the object into the defendant’s control. It is not necessary that the defendant actually remove the object from its owner’s premises. With regard to personal property: A person can commit larceny only by taking tangible personal property. Real property and any fixtures annexed to it (unless they become severed from the property), as well as services and intangibles are not subject to larceny. Finally, larceny is a crime that requires a “taking” from the possession of another. The defendant must have the intent to permanently deprive the other person of her interest in the property at the moment of the taking; i.e., the intent and the taking must exist at the same moment. If the defendant believes he is the owner of the property, this element is not satisfied.

Analysis: Here, the defendant took another’s property without permission, but did not have the intent to permanently deprive the person of the property. If the jury believes that claim, they should find the defendant not guilty of larceny because the intent element is not satisfied. (Note the owner of the motorcycle could recover in a tort action against the defendant even if no crime was committed). (B) is correct because the defendant had no intent to permanently deprive the owner of the motorcycle of his property. (A) is incorrect because the carrying away element does not require a substantial distance. Even just slightly lifting or moving an object from its place can be enough to satisfy the “carrying away” element of larceny. (C) is incorrect because the destruction of the property does not prevent the defendant from raising the intent defense. While the destruction of property may make the defendant liable for conversion in tort, it does not make him guilty of a crime unless the requisite intent is established. (D) is incorrect because the intent refers to the intent to permanently deprive the victim of their property. If the property is returned, but to a different place, as long as there is an intent to return it, there is no larceny.