Additionally, the Model Penal Code eliminates the asportation requirement and instead requires that the defendant "exercise unlawful control".Section 223.2(1). The drafters noted that historically the asportation requirement distinguished larceny (a felony) and attempted larceny (a misdemeanor).Model Penal Code and Commentaries, Comment to §223.2(1), at 164 (1980). They reasoned, therefore, that asportation was an irrelevant requirement because in modern criminal law, like the Model Penal Code,§5.01 the sentencing consequences between an attempted and completed crime are negligible.
Additionally the Model Penal Code eliminates the asportation requirement and instead requires that the defendant "exercise unlawful control"Section 2232(1) The drafters noted that historically the asportation requirement distinguished larceny (a felony) and attempted larceny (a misdemeanor)Model Penal Code and Commentaries Comment to §2232(1) at 164 (1980) They reasoned therefore that asportation was an irrelevant requirement because in modern criminal law like the Model Penal Code§501 the sentencing consequences between an attempted and completed crime are negligible