Which of the following is NOT an element of misdemeanor larceny?

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Misdemeanor larceny is defined as the unlawful taking of someone else's personal property with the intent to permanently deprive the owner of it. The key elements of misdemeanor larceny include taking personal property (which implies that the property is physically removed from the possession of someone else), carrying it away without the consent of the possessor (as consent negates the larceny element), and having the intent to deprive the owner permanently of that property.

The correct answer indicates that having the consent of the possessor is not an element of misdemeanor larceny. This is accurate because if an individual takes property with the consent of the possessor, it does not constitute larceny; instead, it would be considered a lawful transaction. Consent negates the element of unlawful taking, which is foundational to the definition of larceny.

In summary, consent from the possessor is contrary to the essence of what makes an action larceny, as the law distinguishes between legitimate transfers of property and unlawful theft based on consent.

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