Cecily Zamora
Larceny, derived from the French word 'larcin', which means theft, is a crime involving the unlawful taking or theft of personal property. Under common law, larceny required proof of specific elements, including the intent to permanently deprive the owner of their possession. While the punishment for larceny varied, it often depended on the value of the property taken and could result in imprisonment. For example, in California, stealing property worth more than $950 is generally charged as grand theft, carrying up to a year in jail if charged as a misdemeanour. In contrast, larceny committed in New South Wales, Australia, is punishable by up to five years in prison. The common law offence of larceny has since been abolished in many places and replaced by broader theft offences.
| Characteristics | Values |
|---|---|
| Punishment | Up to 5 years' imprisonment |
| Offence | The unlawful taking or theft of personal property |
| Applicable Law | Common law of England, jurisdictions that incorporated common law of England, parts of the United States, Jersey, and New South Wales, Australia |
| Abolishment | 1 August 1969 or 2002, replaced by theft offences |
| Elements of Crime | Taking or caption, carrying away or asportation, intent to permanently deprive the owner of possession |
| Taking or Caption | Requires actual physical control of the property, even if momentarily |
| Carrying Away or Asportation | Movement must be more than preparatory and part of the act of carrying the property away |
| Intent | Must be present at the time of taking, but not necessarily formulated before taking |
| Defences | Accident, lack of intent, consent, claim of right, duress, entrapment |
| Punishment Considerations | Value of the property, categorised as petit or petty, and grand larceny |
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What You'll Learn
Larceny conviction requirements
Larceny is a crime involving the unlawful taking or theft of another person or business's personal property. It was an offence under English common law and remains an offence in parts of the United States, Jersey, and New South Wales, Australia. The common law offence of larceny was abolished on 1 August 1969 for all purposes not relating to offences committed before that date.
To be convicted of larceny, the defendant must have carried the property away. The movement must be part of the act of carrying the property away, and even the slightest movement from one location to another is adequate. However, the defendant must have taken actual physical control of the property, even if only for a moment. It is important to note that merely knocking an article from a person's hand does not constitute larceny unless the defendant then takes the item. The control must be complete.
The crime of larceny requires the intent to permanently deprive the owner of their property. If the defendant takes the property and later formulates the intent, they are not guilty of larceny. However, if the defendant's initial taking of the property was wrongful, they can be convicted of larceny even if the intent to permanently deprive the victim was formulated after the property was taken.
Larceny laws often divide the crime into two categories: petit (or petty) and grand larceny, which correspond to the value of the property involved. The potential period of incarceration for a larceny conviction often depends on the value of the stolen property. For example, in California, stealing property worth no more than $950 generally results in a petty theft charge, carrying up to six months in jail, while stealing property worth more than $950 is typically charged as grand theft, with potential penalties of up to a year in jail for a misdemeanour and up to three years for a felony.
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Punishment severity and property value
The punishment for larceny varies depending on the value of the stolen property and the jurisdiction in which the crime was committed. Larceny is a broad category that encompasses various crimes involving the unlawful taking of someone else's property. The main distinguishing factor between different types of larceny is the value of the stolen property.
In many legal systems, there is a distinction between petit larceny and grand larceny, with the former carrying less severe penalties. Petit larceny, or misdemeanor larceny, involves the theft of personal property with a low value. The penalties associated with misdemeanor larceny can include fines, community service, and probation. The amount of the fine can differ based on the value of the stolen property and local regulations.
Grand larceny, on the other hand, is a felony charge that generally applies to cases where the stolen property has a higher value. In the US, grand larceny is typically defined as the theft of property valued at least $400, with higher thresholds in some states, such as New York, where it refers to amounts of at least $1,000. Grand larceny carries more severe penalties, including lengthy prison sentences and hefty fines. The specific consequences vary from one jurisdiction to another, and other factors, such as criminal history, can also influence sentencing.
The classification of larceny into degrees or levels allows legislatures to calibrate the severity of punishment to the seriousness of the offense. As legal landscapes evolve, particularly with technological, economic, and social transformations, statutory harmonization remains a challenge. Understanding these nuances is essential for competent advocacy in an increasingly mobile and interconnected society.
In New South Wales, Australia, where larceny remains an offence, the common law offence of larceny is punishable by up to 5 years' imprisonment. The common law offence was abolished on 1 August 1969, but proceedings for larceny committed before its abolition are not affected.
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Larceny and theft distinction
Larceny and theft are often used interchangeably to describe property crimes where a person takes and carries away the property of another without permission. However, the terms represent distinct concepts within the realm of criminal law. Larceny is a specific criminal act, whereas theft is an umbrella term for various unlawful acts involving stolen property or services.
The crime of larceny involves the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions that incorporated English common law into their own law. Larceny has been abolished in England, Wales, Ireland, and Northern Ireland, and broken up into specific crimes like burglary, robbery, fraud, theft, and related crimes. However, it remains an offence in parts of the United States, Jersey, and New South Wales, Australia.
The key distinction between larceny and theft lies in their scope and the types of property they encompass. Larceny primarily deals with the stealing of physical property from its owner. It involves the trespassory taking (caption) and carrying away (asportation or removal) of tangible personal property. The offender must gain complete physical control over the property, even if only momentarily. The act of taking may be momentary, but the movement must be part of the act of carrying the property away. Larceny also requires the intent to permanently deprive the owner of their possession at the time of taking.
On the other hand, theft covers a broader range of unlawful acts. It is a general term for all sorts of stealing, including physical items, identity theft, grand theft auto, theft of intellectual property, and theft of services. Theft encompasses various forms, such as theft by conversion, theft by deception, theft by extortion, petty theft, and grand theft. Theft by conversion involves using someone else's property in a way that violates an agreement. Theft by deception involves gaining control over someone's property through deceit or fraudulent promises. Theft by extortion involves illegally obtaining property by threatening to expose sensitive information or cause harm. Petty theft and grand theft refer to the monetary value of the stolen items, with grand theft involving items of significant value.
While the terms larceny and theft have distinct meanings, their usage and legal definitions can vary depending on the jurisdiction and state law. Some jurisdictions may treat larceny and theft similarly, while others may have slightly different definitions and interpretations, leading to different punishments.
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Larceny abolished, replaced by theft
Larceny, a crime involving the unlawful taking or theft of another person or business's property, was an offence under common law in England and other jurisdictions that incorporated English common law. However, the common law offence of larceny was abolished on 1 January 1969, or 1 August 1969, and replaced by the broader offence of theft under the Theft Act 1968. This change incorporated some of the terminology and substance of larceny.
The abolition of larceny as a distinct offence occurred in England, Wales, Ireland, and Northern Ireland, where it was broken down into specific crimes like burglary, robbery, fraud, theft, and related crimes. Despite this abolition, larceny remains an offence in parts of the United States, Jersey, and New South Wales, Australia. In these jurisdictions, larceny involves the trespassory taking and carrying away (asportation) of tangible personal property with the intent to permanently deprive the owner of possession.
Under common law, larceny required the offender to gain complete control over the property, even if only momentarily. This meant that merely knocking an item from someone's hand did not constitute larceny unless the offender then took the item. The distinction between custody and possession was also important, with possession involving actual physical control or the right to exercise control over the disposition or use of the property.
Modern statutes have expanded the types of property that can be subject to larceny to include both real and intangible property, such as documents, records, and services. However, acts of common law larceny could not involve land or intangible things like intellectual property. The Model Penal Code has eliminated the requirement of intending to permanently deprive the owner of their property, making it easier to convict joyriders.
While the term "theft" may not appear in criminal statutes, larceny is often included in broader theft offences. For example, in North Carolina, larceny is defined as taking another person's property without their consent with the intent to deprive them of it permanently. This definition is part of a broader understanding of theft that includes offences such as receiving stolen goods and concealment of merchandise.
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Larceny sub-categories
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, and broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and New South Wales, Australia.
Larceny can be further broken down into the following sub-categories:
Petty Larceny
Petty larceny occurs when the value of the stolen items is below a certain threshold. In Virginia, for example, petty larceny is defined as theft of items valued at less than $1,000, or less than $5 if taken directly from the person. Petty larceny is typically classified as a misdemeanour.
Grand Larceny
Grand larceny is the term used for the theft of another person's property above a certain value. In Virginia, grand larceny is defined as theft of items valued at more than $1,000, or more than $5 if taken directly from the victim. Grand larceny is typically classified as a felony.
Pickpocketing
Stealing someone's wallet is either petty or grand larceny, depending on the value of what is taken.
Theft from an Automobile
This category of larceny involves stealing things from the interior of a car, such as phones or laptops, or stealing parts of the vehicle itself, such as catalytic converters or tires.
Embezzlement
Embezzlement occurs when the defendant legally has the victim's property in their possession and then misappropriates the property with the intent of defrauding the victim.
False Pretenses
False pretenses is where the defendant tricks the victim into giving them ownership of the property.
Extortion
Extortion is where the defendant obtains property from the victim by using threats that do not amount to robbery.
Receipt of Stolen Property
Receipt of stolen property is where the defendant accepts property from a third person who has wrongfully taken it from a victim.
Burglary
Burglary may involve trespassing on personal property, bodily harm to the victim, sexual assault, and other crimes.
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Frequently asked questions
Larceny is the crime of wrongfully taking someone else's property with the intention of permanently depriving the owner of that property.
The punishment for larceny depended on the value of the property stolen. For example, in California, stealing property worth no more than $950 generally results in a petty theft charge, which carries up to six months in jail. Stealing property worth more than $950 is generally charged as grand theft, which carries up to a year in jail if charged as a misdemeanor or two to three years if charged as a felony.
Yes, the common law offence of larceny was abolished on 1 August 1969 for all purposes except for offences committed before that date. It has been replaced by the broader offence of theft.
