What is larceny?

Larceny is typically a nonviolent theft involving the wrongful taking and carrying away of someone else’s personal property. While the actions constituting larceny are illegal in all 50 states, the name of the specific criminal charges differs between states.

Many states lump larceny into a general “theft” crime, others have a “felonious larceny” charge, and other states divide it into two types of larceny. There is the misdemeanor charge of petty larceny (sometimes spelled “petit larceny”) and the felony charge of grand larceny based on the monetary value of the property involved. The maximum sentence for a petty/petit larceny charge is typically six months or one year in jail, while grand larceny felony charges typically carry a maximum sentence of one to twelve years of jail time based on the property’s value.

What are the elements of larceny?

State statutes generally break larceny down into six different elements. The state must prove each element beyond a reasonable doubt to obtain a conviction. The elements are:

1. the wrongful taking;
2. and carrying away;
3. of the personal property;
4. of another person;
5. without his or her consent;
6. with the intent to steal it.

The taking element requires the offender to have possession of property or actual physical control of the property at some point, even if that control is only momentary. Examples include a customer at a hardware store putting a wrench into his pocket or someone grabbing an earring out of a woman’s ear. The carrying away element (often called “asportation”) requires the property to be moved from its original position. The movement does not have to be a great distance. Even the slightest movement of an inch or so is enough.

In the above examples, the wrench is technically “carried away” just by placing it in his pocket, before he even leaves the store. Secondly, even if the earring is caught in the woman’s hair—an inch from her ear, and the accused leaves it behind, he has committed larceny. 

What kind of items are physical property?

The crime of larceny specifically relates to physical property that can be picked up and moved, not ideas, services, or real property. For example, it would not be larceny if someone ran out of a barbershop after getting a haircut without paying, because the haircut is a service, not property. The property must belong to someone else. Taking abandoned property or property that you jointly own with someone else is not larceny. Technically speaking, you can be convicted of larceny for stealing your own property if someone else has lawful possession of it even if you are the rightful owner, such as if you broke into a dry cleaners to retrieve your suit.

What are the circumstances of criminal intent in larceny crimes?

Larceny is a specific intent crime, meaning that it requires the accused to have the criminal intent to steal or deprive the owner of the property for a lengthy period of time. Generally, this intent must exist at the time of the taking, though in certain situations, it can arise later. For example, if someone took a car intending to take it for a joyride, and then decided to steal it while driving it, that theft of property could be larceny. However, if the accused genuinely believed that they were the true owner of the property, this element is not met, because he lacked the intent to steal.

Case Studies: Understanding Larceny and Its Legal Implications

Case Study 1: Employee Theft at a Retail Store

A retail store manager notices a consistent decrease in inventory without any apparent explanation. Suspecting employee theft, the store installs surveillance cameras and hires a loss prevention specialist to investigate further. After weeks of monitoring, the specialist catches an employee, Jane, on camera pocketing valuable tools from the hardware section.

The loss prevention specialist gathers evidence, including security footage and inventory records, and presents it to law enforcement. Jane is arrested and charged with petty larceny. During the trial, her defense attorney argues that she had no intent to steal and that she accidentally placed the tools in her pocket while rearranging shelves. However, the prosecution successfully demonstrates Jane’s pattern of behavior and intent to steal. Jane is found guilty and sentenced to six months in jail, along with restitution to the hardware store.

Case Study 2: Jewelry Heist at a High-End Boutique

A high-end jewelry boutique experiences a significant loss of valuable jewelry. The store owner contacts the police, suspecting an inside job. After careful investigation, law enforcement identifies Maria, a disgruntled former employee, as the prime suspect. She had detailed knowledge of the store’s security measures and weaknesses.

The police issue a warrant for Maria’s arrest, but she goes on the run. A nationwide search ensues, and the FBI eventually apprehends her several states away. During the trial, the prosecution presents evidence linking Maria to the crime, including communication with an accomplice planning the heist. Maria’s defense attorney tries to cast doubt on the evidence, but the jury finds her guilty of grand larceny and conspiracy. She receives a sentence of ten years in federal prison.

Case Study 3: Misunderstanding Over Abandoned Property

John mistakenly picks up the wrong briefcase at a public park, thinking it was his own. He only realizes his mistake when he gets home and discovers unfamiliar belongings inside. Confused, he contacts the police to report the incident.

The police investigate and trace the briefcase back to its rightful owner, who had already filed a report about the lost item. The owner confirms that the briefcase was accidentally left behind. Despite John’s claim of an honest mistake, the local district attorney decides to charge him with petty larceny, as the law in the state includes the wrongful taking of abandoned property in its definition of larceny.

During the trial, John’s defense argues for leniency, emphasizing his cooperation with law enforcement and lack of criminal intent. The judge acknowledges the circumstances but finds John guilty of petty larceny. He receives a sentence of community service and restitution to the briefcase owner.