Also known as: from a person · in personam · taking from the person
Written by attorneys · grounded in primary & secondary sources — see below
The element of larceny requiring removal of property directly from the victim's body or clothing. This taking elevates the offense to an aggravated form such as grand larceny in many jurisdictions. Movement of the property out of a pocket or off the person completes the asportation.
Felicia Fuentes is served with process while visiting the forum state for a conference. Police later charge her with larceny from the person after she removes a wallet from a victim's pocket during the trip. The court exercises jurisdiction over the charge because service occurred while she was physically present.
Francesca Fowler buys a laptop from a seller who had used it at home. The seller had stolen the laptop from the original owner's pocket. Francesca pays value without knowledge of any security interest and takes the laptop for household use before any financing statement is filed.
Select any source to read its text and confirm it supports the definition.
Finn Fletcher receives membership status by operation of law from a prior member who took property from the person of a victim. Finn commences a derivative action on behalf of the LLC to recover the stolen item. The court recognizes standing because Finn's status devolved from a member at the time of the conduct.
Fiona Foster sues for restitution after a defendant took cash from her pocket. The court measures recovery by the reasonable value to the defendant of what was received, calculated as the cost to obtain equivalent funds from a person in the claimant's position.
Fernando Farrell acquires partner status by operation of law from a partner who committed larceny from the person. He files a derivative suit on behalf of the limited partnership. Standing exists because the status devolved from a partner at the time of the conduct.
Frederick Ferguson purchases a phone from a household user who had taken it from the person of its owner. Frederick pays value, lacks knowledge of any security interest, and buys for personal use before any financing statement is filed.
The property must be removed from the victim's body or clothing. Mere movement inside a pocket is insufficient. The defendant must carry the property away from the person.
Larceny from the person requires direct removal from the body and often triggers a higher grade of offense such as grand larceny. Ordinary larceny lacks this direct contact element.
The Code distinguishes theft from the person for grading purposes. Such theft is a misdemeanor unless other aggravating factors apply, and it excludes petty misdemeanor treatment even for small amounts.
…not an element. Thus, in Commonwealth v. McDonald , 59 Mass. 365 (1850), which involved an indictment for attempted larceny from the person, the court saw no error in the failure of the indictment to allege any value of the goods that the defendant had attempted to steal. The defendant, in challenging the indictment, apparently…