Larceny

3 key takeaways

• Larceny is the unlawful taking of personal property with the intent to permanently deprive the owner of it.
• It is typically classified as either petty (minor) or grand (major) larceny, depending on the value of the stolen property.
• Legal consequences of larceny can include fines, restitution, and imprisonment, with severity depending on the jurisdiction and value of the stolen property.

What is larceny?

Larceny is a type of theft that involves the unauthorized taking and removal of personal property belonging to another person. The key elements of larceny are the intent to permanently deprive the owner of the property and the physical act of taking and carrying away the property. Larceny is distinct from other forms of theft, such as burglary or robbery, in that it does not involve breaking into a structure or using force or threats against a person.

Types of larceny

Petty larceny

Petty larceny, also known as petit theft, involves the theft of property of relatively low value. The threshold for what constitutes petty larceny varies by jurisdiction, but it typically includes items valued below a certain monetary amount, such as $500 or $1,000. Petty larceny is generally considered a misdemeanor, which is a less severe offense.

Grand larceny

Grand larceny involves the theft of property of higher value, exceeding the threshold for petty larceny. This threshold also varies by jurisdiction but usually includes items valued above $1,000. Grand larceny is considered a more serious offense and is typically classified as a felony, which carries more severe penalties.

Legal consequences of larceny

The penalties for larceny depend on several factors, including the value of the stolen property, the defendant’s criminal history, and the specific laws of the jurisdiction. Common legal consequences include:

• Fines: Monetary penalties that the offender must pay as punishment for the crime.
• Restitution: Compensation paid to the victim for the value of the stolen property or any damages resulting from the theft.
• Imprisonment: Jail or prison sentences that vary in length depending on the severity of the offense and the jurisdiction.

Additional penalties

In some cases, individuals convicted of larceny may also face additional penalties, such as probation, community service, and the loss of certain civil rights (e.g., the right to vote). Repeat offenders or those involved in organized theft rings may receive harsher sentences.

Defenses against larceny charges

Individuals accused of larceny may present several defenses to contest the charges, including:

• Lack of intent: Arguing that the defendant did not intend to permanently deprive the owner of the property.
• Claim of right: Asserting that the defendant believed they had a legal right to the property in question.
• Consent: Claiming that the property owner gave permission to take the property.
• Mistaken identity: Suggesting that the defendant was wrongly identified as the perpetrator of the theft.

Related topics

• Theft: Understand the broader category of theft crimes and how larceny fits within it.
• Burglary: Learn about the crime of burglary, which involves unlawful entry with the intent to commit theft or another crime.
• Robbery: Explore the crime of robbery, which involves taking property from a person by force or threat of force.

Larceny is a serious criminal offense with significant legal consequences. Understanding the elements of larceny, the types of theft it encompasses, and the potential defenses can help individuals navigate the complexities of this area of law.