larceny

/larsaniy/ Felonious stealing, taking and carrying, leading, riding, or driving away another's personal property, with intent to convert it or to deprive owner thereof. The unlawful taking and carrying away of property of another with intent to appropriate it to use inconsistent with letter's rights. U. S. v. Johnson, 140 U.S.App.D.0. 54, 433 F.2d 1160, 1163.

The essential elements of a "larceny" are an actual or constructive taking away of the goods or property of another without the consent and against the will of the owner or possessor and with a felonious intent to convert the property to the use of someone other than the owner. U.S. v. Waronek, 582 F.2d 1158.

Obtaining possession of property by fraud, trick or device with preconceived design or intent to appropriate, convert or steal is "larceny." John v. United States, 65 U.S.App.D.C. 11, 79 F.2d 136; People v. Cook, 10 Cal. App.2d 54, 51 P.2d 169, 170.

Common-law distinctions between obtaining money under false pretenses, embezzlement, and larceny no longer exist in many states; all such crimes being embraced within general definition of "larceny." Some states classify larceny as either grand or petit, depending on the property's value.

See also burglary

- robbery

- shoplifting

- stolen

- theft.

See also

@ compound larceny

Larceny or theft accomplished by taking the thing stolen either from one's person or from his house; otherwise called "mixed" larceny, and distinguished from "simple" or "plain" larceny (simple larceny; plain larceny), in which the theft is not aggravated by such an intrusion either upon the person or the dwelling. Sometimes referred to as larceny from the person.

See also compounding crime

- larceny

@ constructive larceny

One where the felonious intent to appropriate the goods to his own use, at the time of the asportation, is made out by construction from the defendant's conduct, although, originally, the taking was not apparently felonious. False pretenses and larceny distinguished.

See false pretenses.

@ grand larceny

Taking and carrying away the personal property of another to a value in excess of $100.00 (or whatever the cut-off amount may be in a given jurisdiction) with the intent to feloniously deprive the owner or possessor of it permanently. Distinguished from petit larceny (q.v.) only by the value of the property stolen.

In England, simple larceny, was originally divided into two sorts,-grand larceny, where the value of the goods stolen was above twelve pence, and petit larceny, where their value was equal to or below that sum. 4 Bl.Comm. 229.

The distinction was abolished in England by St. 7 & 8 Geo. IV, c. 29, and is not generally recognized in the United States, although in a few states there is a statutory offense of grand larceny, one essential element of which is the value of the goods stolen, which value varies

@ larceny by bailee

The crime of larceny committed where any person, being a bailee of any property, shall fraudulently take or convert the same to his own use, or to the use of any other person except the owner thereof, although he shall not break bulk or otherwise determine the bailment

@ larceny by extortion

A person is guilty of theft if he purposely obtains property of another by threatening to:

(1) inflict bodily injury on anyone or commit any other criminal offense; or

(2) accuse anyone of a criminal offense; or

(3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or

(4) take or withhold action as an official, or cause an official to take or withhold action; or

(5) bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(6) testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

(7) inflict any other harm which would not benefit the actor. Model Penal Code, No. 223.4.

See also extortion

@ larceny by fraud

@ larceny by deception

@ larceny by fraud or deception

larceny by fraud or deception

A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:

(1) creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention from the act alone that he did not subsequently perform the promise; or

(2) prevents another from acquiring information which would affect his judgment of a transaction; or

(3) fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or

(4) fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.

Model Penal Code, No. 223.3

@ larceny by trick

See larceny by fraud or deception

@ larceny from the person

Act of taking property from the person by merely lifting it from the person or pocket. State v. Stanton, Mo., 68 S.W.2d 811, 812.

Larceny committed where the property stolen is on the person or in the immediate charge or custody of the person from whom the theft is made, but without such circumstances of force or violence as would constitute robbery, including pocket-picking and such like crimes

@ larceny of auto

See auto theft.

@ larceny of property lost, mislaid, or delivered by mistake

A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it. Model Penal Code, No. 223.5.

@ mixed larceny

Otherwise called "compound larceny" or "complicated larceny;" that which is attended with circumstances of aggravation or violence to the person, or taking from a house.

@ petit larceny

@ petty larceny

@ petit or petty larceny

Petit (Petty) larceny.

Larceny of things or goods whose value is below a statutorily set amount (e.g. $100). The value at common law was twelve pence

Compare grand larceny.

@ simple larceny

Felonious or wrongful taking and carrying away of personal goods of another with intent to steal, unattended by acts of violence. Larceny which is not complicated or aggravated with acts of violence. Larceny from the person, or with force and violence, is called "compound larceny"

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