Cecily Zamora
Larceny is a crime that involves the unlawful taking and carrying away of another person's property, with the intention of permanently depriving the owner of its use and enjoyment. The specific elements of larceny vary across different jurisdictions, with some states retaining traditional common-law distinctions, while others, like New York, have defined their own penal codes. The Model Penal Code, for example, combines various common-law property crimes into one larger crime called theft, which includes larceny. To be convicted of larceny, the defendant must have carried the property away, even if it is just slightly, and this movement must be part of the act of carrying the property away.
| Characteristics | Values |
|---|---|
| Taking or caption | Requires that the offender take actual physical control of the property, even if for a moment. |
| Trespassory taking | Involves the unlawful taking or theft of the personal property of another person or business. |
| Asportation or removal | Requires that the property be carried away, even if the movement is slight. |
| Intent to deprive | Requires intent to permanently deprive the owner of the property, though some states have relaxed this rule. |
| Type of property | Tangible personal property, though modern statutes have expanded this to include intangible property. |
| Value of property | The potential penalty for larceny depends on the value of the property taken. |
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What You'll Learn
Larceny involves the taking of property
The property taken can be any tangible property, including animals with domestic value, such as livestock. However, anything physically attached to the ground, like a house, cannot be the subject of larceny unless it is first severed from the ground and then taken from the owner's possession. Modern statutes have expanded the types of property that can be considered larceny to include real and intangible property, such as documents, records, and stock certificates. Services, which were not previously considered property for larceny purposes, can also now be included.
The taking of the property must be without the owner's consent and with the intent to permanently deprive the owner of their possession. This intent to deprive permanently has been slightly relaxed in some states, where simply withholding the property for a long enough period that it loses most of its economic value can be considered deprivation. However, returning the property after taking it does not absolve the defendant of liability if they intended deprivation when they took it.
The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, and has been broken up into specific crimes like burglary, robbery, fraud, and theft. However, it remains an offence in parts of the United States, Jersey, and New South Wales, Australia. The potential period of incarceration for a larceny conviction often depends on the value of the property taken, with higher-value items resulting in more severe penalties.
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The property must be moved
Larceny is a crime that involves the unlawful taking or theft of another person's or business's personal property. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, but remains an offence in parts of the United States, Jersey, and New South Wales, Australia.
Larceny requires proof of several elements, including the "actus reus", or the physical act of taking the property, even if only momentarily. This means that the offender must take actual physical control of the property, however slight or momentary. For example, in one case, a defendant snatched an earring from a victim, which immediately became entangled in the victim's hair. This was still considered larceny, as the defendant had taken physical control of the earring, even though it remained in contact with the victim.
However, merely knocking an article from a person's hand would not be larceny unless the defendant then took possession of it. In another case, a defendant removed an overcoat from a department store mannequin and began to walk away with it, not realising it was secured to the mannequin by a chain. As the defendant never had complete control over the disposition and use of the coat, this was not considered larceny.
In the case of a car, turning on the engine and lights may be sufficient to establish that the thief has taken possession and control, as transportation is the purpose of a car.
The Model Penal Code has eliminated the "asportation" requirement, which previously distinguished larceny (a felony) from attempted larceny (a misdemeanour). Instead, it requires that the defendant "exercise unlawful control".
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The intent must be to permanently deprive
The intent to permanently deprive is a key element of larceny. Larceny involves the unlawful taking of personal property with the intention to permanently deprive the owner of its possession. The defendant must have complete control over the disposition and use of the property, even if only momentarily. The intent to permanently deprive is what separates larceny from other crimes such as theft.
The Model Penal Code provides a broader definition of "deprive", which includes withholding property for a long enough period that it loses most of its economic value, or withholding property with the intent of returning it only after the victim has paid a ransom price. This expanded definition allows for more situations to be considered as larceny, such as in the case of joyriding, where there is no intention to permanently deprive the owner of their car.
The mental state element of larceny is often challenged by defendants, who may argue that they took the property by accident or that they did not intend a permanent or extended deprivation. However, returning the property after taking it does not absolve the defendant of liability if they intended deprivation within the meaning of the law when they took it. The law traditionally required an intent to "permanently" deprive, but many states have relaxed this rule slightly, with modern definitions of "deprive" encompassing a longer period of withholding that results in a substantial loss of value or benefit to the owner.
The intent to permanently deprive must exist at the time the property is taken for it to be considered larceny. For example, if a defendant severs something from the ground with the intention of taking it, the severed property must come into the owner's possession and then be taken from the owner for it to be considered larceny. If the severed property does not come into the owner's possession, it is not considered tangible and therefore does not constitute larceny.
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The property must be tangible
Larceny is a crime that involves the unlawful taking or theft of another person's or business's personal property. The common law definition of larceny is the "wrongful taking and carrying away" of another person's property with the intention of permanently depriving the owner of that property.
For the crime of larceny to be committed, the property in question must be tangible. This means that any physical property can be the subject of larceny, including livestock and other animals with domestic value. However, anything physically attached to the ground, such as a house, cannot be considered tangible property and therefore cannot be the subject of larceny. If something is severed from the ground, it then becomes tangible property and can be considered larceny if it is taken. For example, if a defendant severs something from the ground and takes it, the severed property must come into the owner's possession before it is taken away for it to be considered larceny. If the severed property never comes into the owner's possession, it is not considered tangible, and therefore, larceny has not been committed.
In modern statutes, the scope of larceny has been expanded to include both real and intangible property. This means that documents, records, and stock certificates can also be the subject of larceny. Additionally, services, which were not previously considered property for larceny purposes under common law, can now be included under modern statutes.
The taking or caption element of larceny requires that the offender takes actual physical control of the property, even if only for a moment. This means that merely knocking an article from a person's hand would not be considered larceny unless the defendant then took complete control of the item. The level of control must be absolute, as demonstrated in a case where a defendant removed an overcoat from a department store mannequin, only to discover it was secured to the mannequin by a chain. As the defendant never had complete control over the disposition and use of the coat, these actions were not considered larceny.
In summary, for larceny to be committed, the property in question must be tangible, and the offender must take complete physical control of the property, even if only momentarily.
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The Model Penal Code has modified larceny definitions
Larceny is a crime involving the unlawful taking or theft of another's personal property. The common law definition of larceny, established by Sir William Blackstone in the 1700s, is the "wrongful or fraudulent taking and carrying away, by any man, of the personal goods of another." This definition forms the basis of our modern understanding of larceny.
Under the common law, larceny requires proof of the following four specific elements: the trespassory or unlawful taking (caption) and carrying away (asportation, removal) of tangible personal property, and the intent to permanently deprive the owner of their property (mens rea). However, the Model Penal Code (MPC) has modified these larceny definitions.
The MPC combines various common law crimes against property into one larger crime called theft. Under the MPC, larceny is defined as the unlawful taking, obtaining, or withholding of someone else's property with the intent to deprive the owner of it. This definition expands the methods of property acquisition to include deception and lost property. Notably, the MPC eliminates the mens rea requirement, meaning that the intent to permanently deprive is no longer necessary for a conviction. This change addresses the issue of "joyriding," where individuals take a car without intending to keep it, which was not considered larceny under common law.
The MPC also eliminates the asportation requirement, instead requiring that the defendant "exercise unlawful control." This change reflects the modern understanding that sentencing consequences between an attempted and completed crime are negligible. Furthermore, the MPC specifies distinct degrees of theft based on the property's value and nature. Theft of items above a certain value or inherently valuable items, such as cars or firearms, is treated more seriously, often as a felony.
The MPC provides specific defences for individuals charged with larceny. For example, Section 223.3 mentions a defence for someone who acted under an honest claim of right, believing the property belonged to them. Overall, the MPC's modifications to larceny definitions reflect a broader and more comprehensive approach to addressing property crimes.
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Frequently asked questions
Larceny is a crime involving the unlawful taking or theft of someone else's tangible personal property with the intent to permanently deprive the owner of its possession. The offender must take actual physical control of the property, even if only for a moment.
Any tangible property can be the subject of larceny. This includes money, labour, real or personal property, documents, records, and stock certificates. Animals with domestic value, such as livestock, can also be considered tangible personal property.
The mental state element, also known as culpable intent or mens rea, refers to the intention to permanently deprive the owner of their property. The defendant must have complete control over the disposition and use of the property. Simply moving the property in preparation for carrying it away is not sufficient.
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