Also known as:larcenies · larcenous · larcenously · larcenist · larcenists · larcenable · theft
Written by attorneys · grounded in primary & secondary sources — see below
The common-law crime consisting of a trespassory taking and carrying away of tangible personal property belonging to another with the specific intent to deprive the owner permanently of that property.
Sources & Authorities
How it applies
Common Examples
6
Lena Takes a Neighbor's Tools
Lena Lawson enters Luke Latham's open garage and lifts a set of wrenches from a workbench. She carries the tools several feet toward her car intending to keep them permanently. The taking satisfies the trespassory element because Luke never consented and the movement satisfies asportation under the common-law definition.
Lillian's Purse Snatch During Flight
Lillian Locke grabs Lola Langley's purse from a park bench and runs. A bystander intervenes and Lillian threatens serious injury to escape. The underlying theft satisfies the larceny elements while the threat elevates the conduct to robbery under the Model Penal Code provision that treats the theft as occurring in the course of committing robbery.
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Cases
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
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Course Outlines
Study Supplements
Dictionaries
Leonard Lowe finds a bearer promissory note belonging to Liberty Trust on a sidewalk and immediately pockets it with intent to keep the value. Because the note is tangible personal property capable of being possessed, the taking meets the common-law larceny definition.
Liam Moves a Bicycle a Few Feet
Liam Larson lifts Lillian Locke's bicycle from a rack and rolls it three feet before a security guard intervenes. The slight movement constitutes asportation because the common-law rule requires only that the defendant move any part of the property however slightly during the carrying-away process.
Lakeshore Industries Van Theft
An employee of Lakeshore Industries drives a company van worth $12,000 off the lot intending permanent retention. Because the property is a motor-propelled vehicle and the value exceeds five hundred dollars, the theft constitutes a felony of the third degree under the Model Penal Code grading provision.
Lumen Capital Employee Takes Cash
A Lumen Capital teller receives cash from a customer and immediately pockets it instead of depositing it. Because the teller never acquired lawful possession before the taking, the conduct constitutes larceny rather than embezzlement under the common-law distinction that requires a trespassory taking from a person with superior possessory rights.
Common questions
Frequently Asked
4
What distinguishes larceny from embezzlement at common law?+
Larceny requires a trespassory taking from a person with superior possessory rights at the moment of acquisition. Embezzlement requires that the defendant already hold lawful possession and then convert the property.
Supporting sources
How much movement satisfies the asportation element?+
Any movement of the property however slight during the carrying-away process meets the requirement. The defendant need not remove the item from the premises or place it in a vehicle.
Supporting sources
Does larceny cover services or real property?+
No. Wrongfully obtaining services does not constitute larceny. Real property and fixtures also fall outside the definition because larceny applies only to tangible personal property capable of being possessed.
Supporting sources
When does a taking become trespassory through trick?+
Consent obtained by misrepresentation is treated as invalid so the taking remains trespassory. This form of the offense is traditionally labeled larceny by trick.
Supporting sources
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…which charged appellant with delinquency alleged that his act, "if done by an adult, would constitute the crime or crimes of Larceny." The judge acknowledged that the proof might not establish guilt beyond a reasonable doubt, but rejected appellant's contention that such proof was required by the Fourteenth Amendment.…