In the United States, larceny is a common lawcrime involving stealing. Under the common law, larceny is the trespassory asportation and taking of the (tangible) personal property of another with the intent to deprive him or her of it permanently. In English law, the common law offense was codified into the Larceny Act 1916. In turn, the terminology and substance was converted into theft by the Theft Act 1968.
Larceny in the U.S.
Trespass limits right of possession--that is, lawful possession prior to the act negates trespass (see embezzlement). Even if the prior owner did not have possession (as in, lost or misplaced), then he is deemed to still have constructive possession. Therefore, if a finder knew or could determine who the owner was, and at the time he found it intended to keep it, then the finder has committed trespass. Generally, however, the law cannot convict a finder unless the property bore some indication it belonged to somebody, and the finder intended to keep it at the time of the finding. (Model Penal Code sec. 223.5)
Asportation and taking involve physical movement of the property. That is, if the property is not moved, then there is no larceny. Furthermore, if a person (T) tells the other (I) that the item is his (T's), then authorizes I to take it, and I takes off with it, it is T whom the law deems to have asported--because I is protected by the fiction of innocent agency. Taking is typically defined as exercising control and dominion over the property.
Larceny under common law is never applied to real property (land), or services. However, in the U.S., the Model Penal Code (MPC) states that services can be the subject of theft. Wild animals (ferae naturae) are deemed to not be the property of the owner of whatever land they are found on, so takings of wild animals are also not subject to larceny.
One can only "steal" one's own property when another has a better right to possession at the relevant time. Larceny is a crime of possession, not ownership. Thus, if a vehicle is under the possession of a mechanic, and the owner takes the vehicle, he could be guilty of larceny.
The intent required is that one intended to deprive the possessor of the property "permanently". Courts have held that "permanence" is not simply keeping forever; it can include the intent to deprive the possessor of economic significance, even if there are plans to return the property later. Although the mens rea of larceny is the intent to steal, the focus is on the loss to the possessor, not the gain to the defendant. Thus, even if the thief did not gain in the taking, it could still be classed as larceny if the possessor lost in the process. Further, the mens rea and actus reus must coincide. If one rents a car with intent to return, then decides to keep it, then there is no larceny (see embezzlement).
Larceny by Trick or Deception occurs when the victim of larceny is tricked by a misrepresentation of fact into giving up possession of property. This should not be confused with false pretenses, where the victim is tricked into giving up title to the property. However in New York State this class of larceny is broken down in statutes into two types.
Larceny by False Promise refers to where someone obtains property in exchange for a promise to do something when the person making the promise does not intend to fulfill that promise. An example would be A taking a down payment for doing work for B, and then A takes the money and runs off to the Bahamas with no intention to ever do the work.
Larceny by false pretenses refers to obtaining property by misrepresenting facts relating to the promise. Here, an example would be where A offers to sell his car to B when A does not actually own the car.
Grand larceny is typically defined as larceny of a significant amount of property. In the U.S., it is often defined as an amount valued at $200 or more. In New York, Grand Larceny refers to amounts of $1000 or more. Grand larceny is often classified as a felony with the concomitant possibility of a harsher sentence. According to the general statutes some states such as North Carolina have no formal Charge of Grand Larceny. There is however Felonious Larceny which is defined the same as Grand Larceny.
Relevant quality search results and fast easy navigation throughout the
different sections of the site, make Americola.com
a great entertainment
search engine offering
celebrity biographies, high resolution
celebrity photos, videos and more.
