Tom and Mary walked into a corner grocery store at 1:55am to buy beer. At 2:02am they took their selections to the cash register. The clerk refused to sell the beer because the law in the town prohibits alcohol sales after 2:00am. Mary, refusing to take no for an answer, left money on the counter and told the clerk, "Here's $10 for the beer and an extra $2 for your trouble. If there's any problem, we're staying at the Polex Motel down the street, room 312."

Based on their prior purchases of beer elsewhere, Mary and Tom believed $10 was generous and would more than cover the cost. Unknown to them, the actual cost of the beer was $15. Have they committed the crime of larceny? Why or why not?