Criminal Law, University of Minnesota Libraries
Ellen goes to the fine jewelry department at Macy’s and asks the clerk if she can see a Rolex watch, valued at ten thousand dollars. The clerk takes the watch out of the case and lays it on the counter. Ellen tells the clerk that her manager is signaling. When the clerk turns around, Ellen puts her hand over the watch and begins to slide it across the counter and into her open purse. Before the watch slides off the counter, the clerk turns back around and pins Ellen’s hand to the counter, shouting for a security guard. Has Ellen committed a crime in this scenario? If your answer is yes, which crime?
Sample Solution
Yes, Ellen has committed the crime of attempted larceny in this scenario. Attempted larceny is the act of trying to steal something without actually taking it. In this case, Ellen tried to take the Rolex watch from Macy's without paying for it.
The four elements of attempted larceny are:
- Intent: Ellen must have intended to steal the watch. In this case, her actions clearly indicate that she intended to steal the watch. She asked to see the watch, placed her hand over it on the counter, and began to slide it into her purse.
- Act: Ellen must have taken some action towards stealing the watch. In this case, she picked up the watch and began to slide it into her purse.
Full Answer Section
- Failure: Ellen must have failed to complete the crime. In this case, the clerk turned around and stopped her before she could take the watch off the counter.
- Subject: The watch must have been something that could be stolen. In this case, the watch was personal property that belonged to Macy's.