Larceny
Criminal Law: Crimes Against Property Larceny
Introduction to Larceny
The common law definition of the crime of larceny includes the following elements: (1) The thief must take possession of the property (that is, secure control over the property) from another. (2) The thief must move or carry away the property, although a slight movement is enough, such as the removal of a wallet from another’s pocket. (3) There must be a trespass in the taking-that is, the thief must take possession of the property without consent from the rightful possessor. (4) The property must be tangible personal property, such as money, jewelry, or clothing. Under common law larceny does not apply to real property or intangible personal property, such as checks, promissory notes, or other documents that are regarded as evidence of property rather than as property itself. (5) The property must be taken from the possession of another who had a right of possession superior to any right of the accused. It is not necessary, however, that a person steal directly from the owner. (6) There must be an intent to steal-more accurately expressed as an intent to permanently deprive the person from whom the property is taken of possession of or interest in the property. It is not larceny to take another person’s property that one honestly believes one owns. It is not larceny to borrow property, intending to return it promptly. A notable exception is the temporary, unauthorized taking of a car, which commonly constitutes the crime of joyriding.
By statute, larceny is often divided into two degrees: grand larceny and petit larceny. The line between the two depends upon the value of the property stolen. Grand larceny is commonly a felony, while petit larceny is a misdemeanor.” (1)
Resources
Notes and References
- Information about Larceny in the Encarta Online Encyclopedia
Guide to Larceny
In this Section
Crimes Against Property (including Larceny, Embezzlement, False Pretenses, Property Robbery, Extortion, Receiving Stolen Property and Forgery) and Crimes Against the Habitation (Arson and Burglary).
Introduction to Larceny
Larceny, in criminal law, felonious taking of money or personal property of another. Larceny is distinguished from robbery, in that the latter involves the use of force or threats of injury against the person from whom the money or property is taken. Examples of larceny are the picking of another’s pocket, the embezzlement of funds by a bank employee, the conversion to one’s own use of personal property belonging to another, or obtaining property by fraud or false pretenses.
In the old common law, several elements had to be present to constitute larceny: the property had to be actually taken and carried away and had to be in the absolute possession of the thief; and the taking and carrying had to be against the consent of the owner or possessor, and accompanied by a simultaneous felonious intent at the time the property was taken. Larceny in old common law was classified as compound or simple. Simple larceny was called grand larceny when the value of the stolen property was more than 12 pence, and petit (petty) larceny when the value was less. Compound larceny was the taking and carrying away of property from the person or house of the owner.
In the U.S. today, the various criminal codes of the states generally define larceny and classify it as either grand larceny or petit larceny. Under these codes, property is stolen and larceny committed when, with definite intent to deprive another of property or to appropriate the same to oneself or a third person, one wrongfully takes, obtains, or withholds such property from an owner of it. In New York State, for example, grand larceny is classified as a felony. It is characterized as first-degree if the property is obtained by extortion or through the abuse of a position as a public servant, and as second- or third-degree larceny depending on the value of the property stolen and the nature of the theft. Petit larceny, a misdemeanor, refers to theft not covered in the first three degrees.” (1)
Resources
Notes and References
- Information about Larceny in the Encarta Online Encyclopedia