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The Title 28 of the United States Code QUESTION #3732
Question 1
A defendant is charged with larceny. He admits he took the property but claims he honestly believed the property belonged to him. The jury finds his belief was 'sincere but unreasonable.' Is the defendant guilty?
  • Yes, because the belief must be reasonable to be a defense.
  • No, because larceny is a specific intent crime and a good-faith mistake of fact negates the intent to steal.✔️
  • Yes, because 'ignorance of the law' is no excuse.
  • No, because the defendant didn't have 'malice.'
Correct Answer Explanation
Larceny is a specific intent crime requiring the intent to permanently deprive another of their property. An honest (even if unreasonable) belief that the property is one's own negates that specific intent.