Asportation is a legal term referring to the act of stealing or removing something from its rightful owner. The spelling of "Asportation" can be broken down into its individual sounds using the International Phonetic Alphabet (IPA): /æs pɔrˈteɪ ʃən/. The first sound, /æ/, is the same sound as the "a" in "cat." The second sound, /s/, is the sound of a hissing snake. The third sound, /p/, is the same sound as the "p" in "pet." The remaining sounds can be pronounced as follows: /ɔr/ like "or" in "oranges," /ˈteɪ/ like "tay" in "day," and /ʃən/ like "shun" in "occasion."
Asportation is a legal term that refers to the act of physically removing or carrying away someone's property without their permission or the lawful authority to do so. Derived from the Latin word "asportare," which means "to carry away," asportation is an essential element of the crime of theft and plays a crucial role in determining the severity of the offense.
In criminal law, asportation entails moving or transporting the stolen item from its original location, even if it is only a short distance, with the intention of permanently depriving the rightful owner of its possession. It is important to note that asportation does not necessitate permanently taking the property away; even temporary removal constitutes asportation.
Furthermore, the degree of asportation may influence the severity of the offense, with certain jurisdictions categorizing theft as a lesser crime if the property is only moved a short distance or grabbed momentarily. Conversely, if the asportation involves considerable effort or distance, it may be considered an aggravating factor, potentially leading to more severe charges.
Asportation is a critical element in establishing theft-related offenses in legal proceedings. By demonstrating that the defendant intentionally moved the property and intended to take it permanently, prosecutors can prove that the act constitutes theft. However, the specific legal requirements for asportation may vary depending on the jurisdiction and the statutes in place.
Act of carrying or conveying away.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The word "asportation" originates from the Latin term "asportare", which is derived from the combination of the prefix "a-" (meaning "away" or "off") and the verb "sportare" (meaning "to carry" or "to bring"). In English, "asportation" primarily refers to the unlawful taking or carrying away of someone's property or an illegal act of abduction. The term is commonly used within legal contexts as a specific offense related to theft or kidnapping.