Written by attorneys · grounded in primary & secondary sources — see below
A common law crime consisting of a trespassory taking and carrying away of tangible personal property of another with the intent to deprive the owner of that interest permanently or for an unreasonable time.
Sources & Authorities
How it applies
Common Examples
6
Trespassory Taking of Electronics
Tori Taylor enters Tiffany Torres's unlocked dorm room and removes a laptop from the desk. Tori carries the laptop out of the building intending never to return it. The taking satisfies the trespassory element because Tiffany never consented to the removal.
Theft During Robbery Sequence
Travis Tate approaches Tanya Tang on the street and demands her purse while displaying a knife. Tanya surrenders the purse and Travis flees with it. The underlying theft supplies the theft element required for robbery liability.
Theft of Negotiable Instrument
Tara Tran enters Topaz Mining's office and removes a promissory note from the desk. Tara carries the note away intending to keep it permanently. The taking of the tangible instrument satisfies the elements of larceny.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Slight Movement Satisfies Asportation
Taliah Tang lifts a watch from a display case and slides it into her pocket before leaving the store. The minimal movement of the watch meets the asportation requirement even though the distance traveled is short.
Felony Threshold for Vehicle Theft
Tundra Resources employee removes a company motorcycle valued at eight hundred dollars from the lot without permission. The value exceeds five hundred dollars so the offense qualifies as a third-degree felony under the grading statute.
Larceny Versus Embezzlement Distinction
Tidal Energy's delivery driver takes a customer's package from the loading dock before any lawful possession transfers. Because the taking occurs without consent at the moment of acquisition the conduct constitutes larceny rather than embezzlement.
Common questions
Frequently Asked
4
What is the key distinction between larceny and embezzlement?+
Larceny requires a trespassory taking at the moment the defendant acquires the property. Embezzlement instead requires that the defendant already hold lawful possession before converting the property.
Supporting sources
Does slight movement of the property satisfy the asportation element?+
Yes. The defendant need only move the property however slightly as part of the carrying-away process. Any movement that demonstrates control meets the requirement.
Supporting sources
What property qualifies as the subject of larceny at common law?+
Only tangible personal property that is capable of being possessed and that has some value can be the subject of larceny. Real property and services fall outside the offense.
Supporting sources
When does theft become a third-degree felony under the Model Penal Code grading provision?+
Theft is a felony of the third degree when the amount exceeds five hundred dollars or when the property is a firearm, automobile, or other listed motor-propelled vehicle.
Supporting sources
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…which charged appellant with delinquency alleged that his act, "if done by an adult, would constitute the crime or crimes of Larceny." The judge acknowledged that the proof might not establish guilt beyond a reasonable doubt, but rejected appellant's contention that such proof was required by the Fourteenth Amendment.…