Larceny in United States

Larceny Definition

In criminal law. The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to his, the taker’s, use, and make them his property without the consent of the owner. 2 East, P. C. 553; 4 Wash. C. C. (U. S.) 700. In a recent English case, Mr. Baron Parke said that this definition, which was the most complete of any, was defective, in not stating what ‘is the meaning of the word felonious, which, he said, may be explained to mean that there is no color of right or excuse for the act; and the ‘intent’ must be to deprive the owner, not temporarily, but permanently, of his property. 2 Car. & K. 942; 1 Den. C. C. 370; Tempi. & M. C. C. 40. It is safer to be guided by the cases than by the definitions given by text writers. Larceny is of two kinds, namely, simple larceny, and compound larceny.
(1) Simple larceny at common law is the taking and carrying away of the mere personal goods of another of any value, from any place, with a felonious intent to steal the same. This definition includes the following elements: (a) The subject of the offense must be the mere personal goods of another, though, at common law, other things are made the subject of larceny by statute. Therefore (i) It must be personal, as distinguished from real property. (ii) It must be something which the law recognizes as property, and the subject of ownership. (iii) It must be of some value; but the least value to the owner is sufficient (iv) It must be the property of another; but a special property in another is sufBcient, even as against the general owner; and mere possession Is enough as against others than the owner. (b) The goods must be taken, and the taking must be under such circuipstances as to amount technically to a trespass. (c) There must be some asportation or carrying away of the goods. (d) Both the taking and the carrying away must be with a felonious intent, an intent to steal, existing at the time. Grand and petit larceny. By statute in some jurisdictions, larceny has been divided, according to the value of the property or other circumstances, into grand larceny and petit larceny.
(2) Compound larcenies are larcenies committed under certain aggravating circumstances. Thus : (a) At common law, robbery, which is larceny from the person or in the presence of another by violence, or by putting him in fear, is a compound larceny. (b) By statute in most jurisdictions, it is a compound larceny, punished more severely than simple larceny, to steal (1) from the person of another, or (2) from a dwelling house, or certain other places specified in the statute. 2 Clark & Marshall, Crimes, 649.

Larceny in Foreign Legal Encyclopedias

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Larceny	Larceny in the European Legal Encyclopedia.
Larceny	Larceny in the Asian Legal Encyclopedia.
Larceny	Larceny in the UK Legal Encyclopedia.
Larceny	Larceny in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

In criminal law. The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to his, the taker’s, use, and make them his property without the consent of the owner. 2 East, P. C. 553; 4 Wash. C. C. (U. S.) 700. In a recent English case, Mr. Baron Parke said that this definition, which was the most complete of any, was defective, in not stating what ‘is the meaning of the word felonious, which, he said, may be explained to mean that there is no color of right or excuse for the act; and the ‘intent’ must be to deprive the owner, not temporarily, but permanently, of his property. 2 Car. & K. 942; 1 Den. C. C. 370; Tempi. & M. C. C. 40. It is safer to be guided by the cases than by the definitions given by text writers. Larceny is of two kinds, namely, simple larceny, and compound larceny.
(1) Simple larceny at common law is the taking and carrying away of the mere personal goods of another of any value, from any place, with a felonious intent to steal the same. This definition includes the following elements: (a) The subject of the offense must be the mere personal goods of another, though, at common law, other things are made the subject of larceny by statute. Therefore (i) It must be personal, as distinguished from real property. (ii) It must be something which the law recognizes as property, and the subject of ownership. (iii) It must be of some value; but t
he least value to the owner is sufficient (iv) It must be the property of another; but a special property in another is sufBcient, even as against the general owner; and mere possession Is enough as against others than the owner. (b) The goods must be taken, and the taking must be under such circuipstances as to amount technically to a trespass. (c) There must be some asportation or carrying away of the goods. (d) Both the taking and the carrying away must be with a felonious intent, an intent to steal, existing at the time. Grand and petit larceny. By statute in some jurisdictions, larceny has been divided, according to the value of the property or other circumstances, into grand larceny and petit larceny.
(2) Compound larcenies are larcenies committed under certain aggravating circumstances. Thus : (a) At common law, robbery, which is larceny from the person or in the presence of another by violence, or by putting him in fear, is a compound larceny. (b) By statute in most jurisdictions, it is a compound larceny, punished more severely than simple larceny, to steal (1) from the person of another, or (2) from a dwelling house, or certain other places specified in the statute. 2 Clark & Marshall, Crimes, 649.

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This definition of Larceny is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

The act of wrongfully taking and carrying away the personal goods of another. The physical act of carrying away the property is called asportation. Asportation, when done with the intent to steal the thing asported, is the crime of larceny. State laws divide the crime of larceny into degrees, with the severity of punishment depending on the value of the property stolen, whether the act was committed during the night or day, and whether the property was stolen from the victim’s person or house. See also embezzlement (in U.S. law); robbery (in U.S. law).

(Revised by Ann De Vries)

What is Larceny?

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Larceny in State Statute Topics

Introduction to Larceny (State statute topic)

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Larceny

Larceny in United States

Larceny Definition

Larceny in Foreign Legal Encyclopedias

Browse the American Encyclopedia of Law for Larceny

Explore other Reference Works

Legal Issue for Attorneys

Legal Indexes

Notice

Practical Information

What is Larceny?

Further Reading (Articles)

Larceny in State Statute Topics

Introduction to Larceny (State statute topic)

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Further Reading

Larceny in the Criminal Justice System

Theft

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