Larceny
Encyclopedia : L : LA : LAR : Larceny
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| Criminal law |
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| Part of the common law series |
| Elements of crimes |
| Actus reus · Causation (law)>Causation · Concurrence |
| Mens rea · Intention (criminal)>Intention (general) |
| Intention in English law · Recklessness (criminal)>Recklessness |
| Willful blindness · Criminal negligence |
| Ignorantia juris non excusat |
| Vicarious liability · Corporate liability |
| Strict liability |
| Classes of crimes |
| Felony/Indictable offence>Indictable · Hybrid offence |
| Misdemeanor/Summary offence>Summary |
| Infraction |
| lesser included offenses |
| Crimes against the person |
| Assault · Battery (crime)>Battery · Robbery |
| Kidnapping · Rape |
| Mayhem · Manslaughter · Murder |
| Crimes against property |
| Burglary · Larceny · Arson |
| Embezzlement · False pretenses |
| Extortion · Forgery · Computer crime |
| Crimes against justice |
| Obstruction of justice · Bribery |
| Perjury · Misprision of felony |
| Inchoate offenses |
| Solicitation · Attempt |
| Conspiracy · Accessory |
| Subsets |
| Criminal procedure |
| Other areas of the common law |
| Contract law · Tort law · Property law |
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| Portals: · |
Larceny in the U.S.
- Trespass limits the crime to acts which involve a violation of the right of possession--that is, lawful possession prior to the act negates trespass (see embezzlement). Even if the prior owner did not have possession (as in, lost or misplaced), then he is deemed to still have constructive possession. Therefore, if a finder knew or could determine who the owner was, and at the time he found it intended to keep it, then the finder has committed trespass. Generally, however, the law cannot convict a finder unless the property bore some indication it belonged to somebody, and the finder intended to keep it at the time of the finding. (Model Penal Code sec. 223.5)
- Asportation and taking involve physical movement of the property. That is, if the property is not moved, then there is no larceny. Furthermore, if a person (T) tells the other (I) that the item is his (T's), then authorizes I to take it, and I takes off with it, it is T whom the law deems to have asported--because I is protected by the fiction of innocent agency. Taking is typically defined as exercising control and dominion over the property.
One can only "steal" one's own property when another has a better right to possession at the relevant time. Larceny is a crime of possession, not ownership. Thus, if a vehicle is under the possession of a mechanic, and the owner takes the vehicle, he could be guilty of larceny. (This is known as the mechanic's lien.)
- The intent required is that one intended to deprive the possessor of the property "permanently". Courts have held that "permanence" is not simply keeping forever; it can include the intent to deprive the possessor of economic significance, even if there are plans to return the property later. Although the mens rea of larceny is the intent to steal, the focus is on the loss to the possessor, not the gain to the defendant. Thus, even if the thief did not gain in the taking, it could still be classed as larceny if the possessor lost in the process. Further, the mens rea and actus reus must coincide. If one rents a car with intent to return, then decides to keep it, then there is no larceny (see embezzlement).
- Larceny by Trick or Deception occurs when the victim of larceny is tricked by a misrepresentation of fact into giving up possession of property. This should not be confused with false pretenses, where the victim is tricked into giving up title to the property.
- Grand larceny is typically defined as larceny of a significant amount of property. In the U.S., it is often defined as an amount valued at $200 or more. Grand larceny is often classified as a felony with the concomitant possibility of a harsher sentence.
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