Also known as: larceny-by-trick · larceny by deception
Written by attorneys · grounded in primary & secondary sources — see below
A form of common-law larceny committed when a defendant obtains possession or custody of another's personal property through fraud or misrepresentation that invalidates the victim's consent. The taking is treated as trespassory because the victim intended to transfer only temporary control rather than title. Courts distinguish this offense from false pretenses by examining what interest the victim meant to convey.
Lillian Locke approached Lotus Pharmaceuticals and offered to lease a company vehicle for a one-week sales trip, presenting a falsified corporate authorization letter. At the moment of the rental, Locke already intended to sell the car and keep the proceeds. Because the company intended to transfer only temporary possession for the trip, the law treats Locke's acquisition as a trespassory taking that constitutes larceny by trick.
Luke Latham visited Lighthouse Shipping's stable and asked to hire a delivery horse for the afternoon, stating he would return it by evening. Latham had already arranged a buyer and planned to sell the horse immediately. Because the stable intended only to grant temporary custody for the stated purpose, Latham's acquisition by misrepresentation is treated as larceny by trick rather than a lawful bailment.
Select any source to read its text and confirm it supports the definition.
Larceny by trick occurs when the victim intends to transfer only possession or custody, while false pretenses requires the victim to intend to transfer title. Courts look to the victim's intent at the time of the transfer to decide which offense applies.
Supporting sources
Consent obtained through misrepresentation is treated as invalid, rendering the taking trespassory. The fraud vitiates the apparent permission at the moment the defendant secures possession.
Supporting sources
Larceny by trick is not a distinct offense but one method of satisfying the trespassory-taking element of common-law larceny. The fraud supplies the trespass that would otherwise be missing when the victim voluntarily hands over the property.
Supporting sources
The defendant must intend from the outset to misappropriate the property rather than return it or use it only for the stated purpose. A later-formed intent to keep the item supports embezzlement instead.
Supporting sources
…twelve hundred and ninety of the penal law, was denominated a larceny, to wit: common law larceny by asportation, common law larceny by trick and device, obtaining property by false pretenses, and embezzlement.” [^maj-34]: Cf. Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47 Harv. L. Rev. 59; Morgan, Some…