Also known as: thefts · larceny · stealing
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense consisting of the unlawful acquisition of property belonging to another with intent to deprive the owner of it permanently. Modern statutes consolidate the common-law offenses of larceny, embezzlement, and false pretenses under this single heading. The offense requires a trespassory or fraudulent taking or conversion of tangible personal property that has value.
Tobias Thomas reaches over and removes Tiana Tan's wristwatch while she stands in line at a coffee shop. He slips the watch into his pocket and leaves the shop intending never to return it. The taking satisfies the common-law requirement of caption and asportation from the person in possession.
Theresa Tucker enters a convenience store, grabs several cartons of cigarettes, and heads for the door. When the clerk blocks her path, Tucker pushes the clerk to the ground and flees with the goods. The use of force during the theft elevates the conduct to robbery under the Model Penal Code definition.
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Tyler Taylor holds a promissory note from a borrower but reports that the original instrument has been stolen from his office safe. To commence foreclosure proceedings, Taylor must satisfy the requirements of UCC Section 3-301 for enforcement of a lost instrument rather than simply presenting the note.
Timothy Tang lifts a laptop from a library table, slides it two inches toward the edge, and is immediately stopped by security. The minimal movement constitutes asportation sufficient to complete the larceny even though the laptop never left the table.
Theo Thomas removes a motorcycle from a parking lot without permission and rides it across town. Because the property is a motor-propelled vehicle, the offense is graded as a felony of the third degree regardless of the motorcycle's value.
Talon Security receives a client's cash deposit for safekeeping and later uses the funds to pay its own operating expenses. The initial lawful possession followed by intentional misappropriation distinguishes the conduct from larceny and constitutes embezzlement.
Modern theft statutes consolidate larceny, embezzlement, and false pretenses into a single offense. The common-law requirement of a trespassory taking at the moment of acquisition no longer limits liability when the defendant begins with lawful possession and later converts the property.
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Any movement of the property, however slight, that forms part of the carrying-away process completes asportation. The defendant need not remove the item from the premises or retain control for any length of time.
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Theft of an automobile, motorcycle, or other motor-propelled vehicle is a felony of the third degree regardless of the item's monetary value. The same grading applies when the amount stolen exceeds five hundred dollars.
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Embezzlement requires that the defendant initially acquire or hold the property lawfully and then convert it while still in lawful possession. Larceny occurs when the defendant commits a trespassory taking from someone with a superior right of possession at the moment of acquisition.
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…in intrastate commerce); Perez, supra , at 150 ("[F]or example, the destruction of an aircraft (18 U. S. C. § 32), or . . . thefts from interstate shipments (18 U. S. C. § 659)"). Finally, Congress' commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce,…