Also known as: larceny by trick · larceny by device · theft by trick · larceny by deception
Written by attorneys · grounded in primary & secondary sources — see below
A common-law form of larceny that occurs when a defendant obtains possession or custody of another's property by fraudulently inducing the victim's consent. The law treats consent secured by misrepresentation as invalid, rendering the taking trespassory.
Rebecca approached security guard Wade at the concert venue and falsely claimed she had been authorized to remove instruments for setup. Wade unlocked the equipment room in reliance on that statement. Rebecca then placed the custom guitar belonging to musician Jackson into her car trunk. Because Wade's consent rested on the misrepresentation, the law treats the taking as trespassory and establishes larceny by trick.
Mary, a crew member on Apex Shipping's vessel, diverted containers of electronics to a private dock by altering manifests. Everett accepted the crates after Mary misrepresented the diversion as authorized short-shipment. Everett later stored the goods and arranged resale. The initial transfer of possession rested on the misrepresentation, satisfying the elements of larceny by trick rather than a later conversion.
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When a defendant secures the victim's consent to transfer possession through deliberate misrepresentation, the law treats that consent as invalid. The taking therefore remains trespassory and constitutes larceny by trick.
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Larceny by trick requires that the victim intend to convey only possession or custody. False pretenses requires that the victim intend to convey title. Courts look to the interest the victim meant to transfer.
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No. The offense is complete when the defendant obtains only possession or custody through the fraudulent inducement of consent. Acquisition of title points instead to false pretenses.
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…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 Observations…