Larceny
In the
United States,
larceny is a
common law crime involving
stealing. Under the
common law, larceny is the
trespassory taking and
asportation 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.
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Trespass limits the crime to acts which involve a violation of the 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)
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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 never applied to real property, 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. (This is known as the
mechanic's lien.)
* 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).
In most of the
United States the common law definitions of certain crimes have been modified. Quite often the general crime of
theft has replaced larceny, and most related common law and statutory crimes such as
embezzlement,
false pretenses,
robbery, and
receipt of stolen property.
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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.
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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. Grand larceny is often classified as a
felony with the concomitant possibility of a harsher
sentence.
