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Larceny

Larceny is nonconsented trespassory taking and carrying away or receiving delivery of the personal property of another with the intent to permanently deprive that person of that property.

Larceny can also occur under a constructive possessory right where the posessor of the property - an employer - voluntarily grants or gives custody of the property to another - an employee - who then keeps the property and thus converts the custody into larceny. If the employee is a supervisory, or if the employee's possession constitutes a custody of the property, then a subsequent conversion is embezzlement, rather than larceny.

Nonconsentual Tresspassory Element

If the person who takes the property has permission from the property owner or the one into whose trust the property has been legally placed, then a larceny has not occured. To constitute larceny, the taking of property must be from the victim and without consent.

However, in a theft by delivery, such as in an employer-employee relationship, if the employer grants the employee temporary access to the property, the employee has mere custody and any misappropriation is larceny. If the employee has possession of the property, and deposits that property into a receptacle provided by the employer, possession transfers to the employer and any subsequent taking is larceny.

Taking & Carrying Away

Under common law principles, the "taking and carrying away" element of larceny is satisfied when the thief exerts control over the property. To "take" means to take possession of the property either directly or through an instrument or another person (even an innocent person who is not aware that he is in possession of the property). To "carry away" only requires that the property move, even slightly, and that some plan exists or effort will ensue to obscound with the property.

The Property

Under traditional common law principles, larceny only applied to personal tangible property. Today, under modern common law principles, larceny includes any type of property whether real or personal, tangible or intangible. Real property includes land, homes, and mobile homes that are made stationary. Personal property includes most other forms of property, although some fixtures that are attached to real property can be considered personal property even though their definition is an appeture to real property. Tangible property includes items that can be held, touched or physically moved. Intangible property includes services or ownership rights (evidenced by documentation).

While larceny is usually committed against property that is owned by someone else, it is possible to committ larceny of one's own property.

Permanent Deprivation

The intent at the time that the property is taken must be to permanently deprive the property's owner or possessor of the property. The thief need not intend to enjoy the property himself, nor to sell it, destroy it, give it away, or hold it for randsom. Rather, the intent need only be to prevent the possessor from posessing the property.

Intent To Return Property

If the intent is to return the property at some later point in time, a larceny may still occur, if that period of time is unreasonable (20 years is likely unreasonable and 2 days may be unreasonable). If the period of time is reasonable, the intent to return must have existed at the time that the property was taken.

If the intent is to borrow property to pawn it for the money and then later redeem the property and return it, a larceny may occur if the borrower pledges the property for an unreasonable period of time or is not financially able to redeem the property and such lack of financial ability was foreseeable at the time that the property was pledged.

If the intent is to take the property and then sell it back to the owner, a larceny has occured.

If the intent is to take the property and return it in a reasonably short period of time, and during the time that it is held by another it is placed at risk in any manner whatsoever, then a larceny has occured.

Property Returned / Abandoned Out Of Remourse

Property that is returned after the taking, but which was not intended to be return when it was taken is stolen and a larceny has occured. That situation would be typical of a person who later feels remose for taking the property. Likewise, property that is recklenssly abandoned constitutes larceny.

Conversely, if the intent is to return the property, but something prevents the return, so long as a good faith intent existed at the time that the property was taken and a good faith attempt was made to return it, then a larceny is not committed. Fungible property, common property, and non-unique easily-replaced property borrowed with the intent to pay for the property or replace it with like property at a later time may excuse criminal larcey.

Property Found

If property is lost or abandonded and is then found by another person, a larceny occurs if upon the finding the finder intends to permanently deprive the rightful posessor of the property AND there is some indication as to who the rightful is, such as a monogram.

Property Acquired By Forgetfulness & Mistake, Then Converted

If property is taken mistakenly and therefore without an intent to steal it and to permanently deprive its rightful owner of it, and the person who took the property never becomes aware of his possession of it or never remembers that he did not pay for it, then no larceny occurs, but if he later realizes that he mistakenly acquired property and fails to rectify the situation by returning it to its rightful possessor, he forms the intent to permanently deprive the rightful possessor of that property, and continues a tresspass upon property, thus constituting a larcency, even if the property was voluntarily given to him.

if property is mistakenly deliveryed to a person who is aware of the mistake, a nonconsencual constructive possession is created and because of the lack of consent and the continuation of the possession with intent, a larceny is committed.

Breaking Bulk Packages & Shipments

A common carrier is often held to higher standards than a non-commercial transporter because a common carrier takes actual possession of the goods he transports. That higher degree of standard of care is reflected in criminal law statutes, commonly called bulk packaging. If a common carrier breaks apart a bulk package or shipment, he commits a larcency of the individual products within the packages over which he has but a mere possessory right.

Taking Ones Own Property

If property is taken by a person who in good faith believes he has a right to possession of the property, then no larceny occurs, even if that belief is both unreasonable and incorrect.

If you recall above, the definition included property that was placed into the legal trust of another, and such would be the case with a boat taken to a marina repair business for repairs. Until the repairs are paid in full, the boat is technically placed into the trust of another, and if the owner removes it without permission, then a larceny occurs. Larceny is not a crime against ownership; rather, it is a crime against possession.

Van Wagner & Wood Can Help

As is obvious by the if's, and's, and but's above, larceny is a complex charge, but the attorneys at Van Wagner & Wood have helped many people avoid being charged, receive reduced charges, and receive acquittals. Although every situation is different and no promises can ever be made by a criminal defense attorneys, the reality is that Van Wagner & Wood's attorneys are very expeirienced in handling every type of complex criminal charge and also have been very successful in those cases.

If you have been accused of a larceny or believe that you will be accused in the near future, if you have been convicted of a larceny and believe the conviction or sentence were wrong, call (608-284-1200) or submit your case for an almost immediate but very professional first-impression analysis.

Related Articles:
Larceny By Trick | Theft Crimes |
Robbery | False Pretenses |

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