Larceny Laws

Larceny involves stealing something without additional circumstances such as illegally entering a structure, using force, or abusing a relationship of trust. If the theft was relatively minor, a defendant may not spend a long time in prison. However, they still might face personal and professional obstacles after release, such as challenges in getting certain jobs. Someone who is suspected of larceny should not talk to the police, even if they are confident that they can clear their name. They should get an attorney on their side who can protect their rights from the outset.

What Is Larceny?

Larceny is essentially the generic form of theft.

Elements of Larceny

To get a conviction, a prosecutor must prove that the defendant took someone else’s property without authorization. The prosecutor also needs to show that the defendant intended to deprive the owner of the property. The law traditionally required an intent to "permanently" deprive, but many states have relaxed this rule slightly. For example, modern definitions of "deprive" often include withholding property for so long a period that the owner loses a substantial amount of its value or benefit.

Example of Larceny

Phil swipes a wallet from the back pocket of a tourist. He stuffs the cash and credit cards into a bag and tosses the wallet into a dumpster. Phil likely could be convicted of larceny.

On the other hand, consider a situation in which Phil urgently needs to make a call, but his phone is out of battery. Phil asks a coworker to borrow his phone and steps out for a few minutes to make the call. He promptly returns the phone to his coworker. Phil would not be convicted of larceny in this case.

Offenses Related to Larceny

Some other crimes that might be charged in situations similar to those supporting a larceny charge include:

• Grand theft auto: stealing a motor vehicle
• Shoplifting: stealing merchandise from a store
• Burglary: unlawfully entering a building or other enclosed space with the intent to commit a crime, such as theft, inside it
• Robbery: using or threatening force to commit a theft
• Embezzlement: misappropriating property with which the defendant was entrusted

A prosecutor might charge larceny together with another, more serious crime based on the same incident. This gives them a fallback option or a bargaining chip in plea negotiations if they are not fully confident about proving the greater crime.

Defenses to Larceny

Often, a defendant will challenge the mental state element of a larceny charge. They might argue that they took the property by accident or that they did not intend a permanent or extended deprivation. However, returning property after taking it does not absolve a defendant of liability if they intended a deprivation within the meaning of the law when they took it.

A consent defense also might defeat a larceny charge. Perhaps the original owner actually gave the property to the defendant. In other cases, a defendant might raise a “claim of right.” This means that they had a good-faith belief that the property belonged to them, but they were simply mistaken.

More complex defenses may include duress and entrapment. Duress shields a defendant from liability if they stole someone’s property in response to an immediate threat of serious harm by a third party. Entrapment may defeat a charge if law enforcement induced a defendant to commit larceny when they did not have the predisposition to commit the crime.

Penalties for Larceny

The potential period of incarceration for a larceny or theft conviction often depends on the value of the property taken. In California, for example, stealing property worth no more than $950 generally results in a petty theft charge, which carries up to six months in jail. Stealing property worth more than $950 generally is charged as grand theft. This carries up to a year in jail if it is charged as a misdemeanor, or 16 months or two or three years if it is charged as a felony.

On the other hand, Texas applies the following tiers of penalties to a theft conviction:

• No jail time (fine only) when the property is worth less than $100
• Up to 180 days if the property is worth at least $100 but less than $750
• Up to 1 year if the property is worth at least $750 but less than $2,500
• 180 days-2 years if the property is worth at least $2,500 but less than $30,000
• 2-10 years if the property is worth at least $30,000 but less than $150,000
• 2-20 years if the property is worth at least $150,000 but less than $300,000
• 5-99 years or life if the property is worth at least $300,000

Pennsylvania uses the following tiers:

• Up to 1 year if the amount involved was less than $50
• Up to 2 years if the amount involved was at least $50 but less than $200
• Up to 5 years if the amount involved was at least $200 but no more than $2,000
• Up to 7 years if the amount involved was over $2,000 but less than $100,000
• Up to 10 years if the amount involved was at least $100,000 but less than $500,000
• Up to 20 years if the amount involved was at least $500,000

Statutes also tend to have distinctive provisions covering certain types of property, regardless of their value. For example, stealing a firearm carries 180 days to two years in Texas and up to 10 years in Pennsylvania, while it is automatically considered grand theft in California.

Last reviewed August 2024