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 theft offense committed when a defendant obtains possession or custody of another's tangible personal property by means of a misrepresentation that vitiates the victim's consent and renders the taking trespassory.
Select any source to read its text and confirm it supports the definition.
Lola Langley told Luis Lopez that she needed to borrow his laptop for one afternoon to complete a shared work assignment. Relying on that statement, Luis handed the laptop to Lola for temporary use only. Lola immediately drove away with the device and sold it later that day.
Lamar Lewis approached Lily Lopez at a storage facility and claimed he had been sent by the owner to retrieve a single crate for inspection. Believing the story, Lily allowed Lamar to load one crate into his truck. Lamar instead drove the crate to a distant warehouse and kept it.
Larceny by trick occurs when the victim intends to convey only possession or custody. False pretenses requires that the victim intend to transfer title. Courts look to the interest the victim meant to pass when deciding which offense applies.
Supporting sources
No. When a defendant secures consent to possession through a material misrepresentation about a present fact, the law treats the consent as invalid. The taking therefore remains trespassory and satisfies the larceny element.
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…