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Criminal Law • Crimes Against Property
CRIMLAW#039
Legal Definition
Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.
Plain English Explanation
Theft is a category of crimes that all involve wrongfully taking stuff from someone else. When someone takes something from someone else by usine violence or threats, we call it "robbery," but when someone takes something from someone else without using threats or violence (for example, maybe by being super sneaky), then we call it "larceny". Let's break down the rule:
Larceny is a "trespassory taking," which means at the moment the defendant took the property, they did not have permission to do so. This is important to note because in another card you'll learn about "embezzlement," which is a type of theft that begins with permission to take something.
Larceny requires that the personal property, which belongs to someone else, be carried away, meaning physical property is physically moved from the location it was originally kept by its lawful owner.
Finally, larceny requires that the defendant had intended to permanently deprive the owner of their property. If a person accidentally walks off with something, or only plans to take it for a short period of time, then it may still be a crime but it is not larceny.
Larceny is a "trespassory taking," which means at the moment the defendant took the property, they did not have permission to do so. This is important to note because in another card you'll learn about "embezzlement," which is a type of theft that begins with permission to take something.
Larceny requires that the personal property, which belongs to someone else, be carried away, meaning physical property is physically moved from the location it was originally kept by its lawful owner.
Finally, larceny requires that the defendant had intended to permanently deprive the owner of their property. If a person accidentally walks off with something, or only plans to take it for a short period of time, then it may still be a crime but it is not larceny.
Hypothetical
Hypo 1: Bob walks into a store, pulls a knife on Sam, and demands Sam hand over his wallet. Result: Bob has committed a robbery, not a larceny.
Hypo 2: Bob walks into a store, grabs a wallet from the shelf, removes its sales tags, and walks out of the store. Result: Bob has committed larceny.
Hypo 3: Bob walks into a store, grabs a wallet from the shelf, and waits in line to purchase it. While waiting, Bob gets a phone call from his friend who has been in a terrible car accident. Bob immediately runs out of the store, still holding the wallet. Result: Bob had no intention of permanently depriving the store of the property; rather, he got distracted by an emotional emergency. Thus, at the point he left the store, Bob had not yet committed a larceny. If Bob later realizes his mistake and returns the wallet, no larceny has been committed. If, however, at a later point in time (later that day, or even a month later when Bob realizes he accidentally took the wallet) Bob decides, "Oh well, it's mine now." Then Bob is guilty of larceny.
Hypo 2: Bob walks into a store, grabs a wallet from the shelf, removes its sales tags, and walks out of the store. Result: Bob has committed larceny.
Hypo 3: Bob walks into a store, grabs a wallet from the shelf, and waits in line to purchase it. While waiting, Bob gets a phone call from his friend who has been in a terrible car accident. Bob immediately runs out of the store, still holding the wallet. Result: Bob had no intention of permanently depriving the store of the property; rather, he got distracted by an emotional emergency. Thus, at the point he left the store, Bob had not yet committed a larceny. If Bob later realizes his mistake and returns the wallet, no larceny has been committed. If, however, at a later point in time (later that day, or even a month later when Bob realizes he accidentally took the wallet) Bob decides, "Oh well, it's mine now." Then Bob is guilty of larceny.
Related Concepts
Can a defendant commit larceny against abandoned property?
What are false pretenses?
What are the crimes against property?
What is a continuing trespass?
What is arson?
What is burglary?
What is embezzlement?
What is extortion and blackmail?
What is forgery?
What is house burning?
What is larceny by trick?
What is malicious mischief?
What is receipt of stolen property?
What is robbery?
