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Definition of Larceny
The crime of "theft" has gradually become a catch-all term for all kinds of common-law proper ty crimes, including larceny.
Several states and the Model Penal Code organize larceny and certain other property crimes under the classification of
theft; other states retain the traditional common-law distinctions, however.
In those other states, larceny remains its own crime, separate from other property crimes such as embezzlement, robbery
and the acquisition of property through false pretenses.
Larceny is what most people think of as common theft: it is the taking of someone else’s proper ty without the use of force
from a location other than inside their home. Car theft forms a typical instance of larceny.
Larceny developed under the common law, but most states that still recognize the crime of larceny have codified its elements into their penal code. While each state has its own definition of larceny, most of them incorporate the following elements in some form.
Larceny is:
•
The unlawful taking and carrying away of
•
Someone else’s proper ty
•
Without the consent of the owner and with
•
The intent to deprive the owner of the property permanently
In order to support a charge of larceny, the state must prove each element, so it’s impor tant to have an understanding of
what they mean.
Unlawful Taking
The first stage in a larceny involves the unlawful taking of another’s proper ty. Note that the taking must be unlawful, so the
removal or appropriation of property for a lawful purpose will not constitute a larceny.
For example, when a bank legally repossesses a car for nonpayment of the car loans, the taking of the car accomplished
a legal purpose, thus there is no larceny.
Some states also require that the taker must carry the property away, but other states have eliminated that requirement in
order to broaden the scope of the crime. Cer tain proper ty is immovable, for example, but as long as the perpetrator has
taken control of it and removed its use and enjoyment from the owner, the first element of a larceny is present.
Someone Else’s Property
In order for a larceny to occur, the property in question must belong to someone else. If the property belongs to the person
taking it, then they have not committed larceny, even if the property was in the possession and control of someone else at
the time it was taken.
For example, Adam lends Bob a lawnmower. Bob keeps the lawnmower for longer than Adam wanted him to, so one day
while Bob is mowing his lawn, Adam sneaks over, waits until Bob isn’t looking and runs off with the lawnmower. Since the
lawnmower belonged to Adam, he hasn’t committed a larceny by taking it back.
Larceny can happen even when the owner of the property doesn’t have possession of it. The only thing that matters is
whether the person in control of the property had a better legal claim to the property than the person who took it.
Someone could, for example, find someone else’s lost cell phone on the ground. While at a coffee shop, another person
could take it from the table while the person who found it looked away. Even though the phone didn’t belong to the person
who found it, they could still bring charges of larceny against the person who took it.
People who co-own property can also commit larceny if they deprive their co-owner(s) of their right to the property. Thus, if
three friends jointly purchase a computer and one of the friends moves away with the computer without the consent of the
other friends, he has committed larceny.
Without the Owner’s Consent
Even if someone intends to steal a piece of property, no larceny occurs if the owner consents to the transfer of ownership
of the property. If the owner approves of the removal of the property, then no unlawful taking has occurred, thus no larceny.
Separate crimes exist to cover situations where the owner approves of the transfer because of the other party’s deceit or
fraud, but for the purposes of basic larceny all that matters is that the owner must not give consent to the taking in order
for a larceny to occur.
The Taker’s Intent
The final element of larceny involves the taker’s intent to permanently deprive the owner of the use and enjoyment of the
proper ty. In other words, if the person who took the property intended to give it back eventually, the taking doesn’t amount
to larceny.
Larceny is a specific intent crime, which means that the person taking the property must specifically intend to commit larceny there can be no larceny by mistake. In addition to the example above, a person could have a reasonable belief that
they own the property they are taking, thus they would not have the specific intent of taking someone else’s proper ty that
would be required for a larceny.
Degrees of Larceny
States usually separate larceny into different categories based on the value of the item stolen. "Grand" larceny applies to
higher-value items, and "petit" (or "petty") larceny applies to items of lesser value. Each state legislature decides the
amount that divides a grand larceny from a petty larceny. For example, one state could make grand larceny apply to larcenies above $2,000, while another state could decide that grand larceny only occurs when the value of the stolen property
exceeds $3,000. Anything below those amounts would constitute petit larceny.
States treat some larcenies as felonies, and others as misdemeanors. Again, states can set their own rules for what
divides a felony larceny from a misdemeanor.
One Larceny or Several?
A common question that arises in larceny prosecutions is whether one larceny has occurred, or several. Generally, multiple items stolen from the same owner at the same time will form one larceny, but some states either give prosecutors the
discretion to, or require that they, charge such a situation as multiple larcenies.
Cour ts will look at the timing and locations of larcenies to determine whether they formed par t of a single activity or multiple activities. If par t of a single activity, only one larceny has occurred. If there were multiple activities, however, then there
were also multiple larcenies.
The determination of the number of larcenies affects the number and severity of the larceny charges. For example, if multiple takings form one instance of larceny, the amount of the items taken could push the larceny into the realm of a felony.
On the other hand, if the multiple takings each formed a single occurrence of larceny, the defendant may face multiple
lesser misdemeanor counts. In the end, this determination could have a great impact on the punishment the defendant
receives.
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