A man who is very drunk leaves a bar and, while wandering, is in possession of a wallet he later pockets and then abandons. What is the most serious crime the patron could be convicted of for taking the wallet?

• A. Robbery
• B. Larceny
• C. Embezzlement
• D. Burglary

Answer: (B)

Larceny is tested here. The key element is taking property of another and carrying it away with the intent to permanently deprive the owner of it. The wallet belongs to someone else, and the man takes it—he pockets it, which is the carrying away (asportation) of the property. His purpose to keep the wallet shows the intent to permanently deprive, satisfying the main element of larceny. There’s no use of force or threats (robbery), no breaking and entering (burglary), and no entrusted handling of property in a fiduciary relationship (embezzlement), so those offenses don’t fit. The intoxication doesn’t negate the act of taking with the intent to steal, so larceny is the most fitting charge.