Also known as: theft crime · larceny · theft offenses
Written by attorneys · grounded in primary & secondary sources — see below
A category of common law offenses that punish the unlawful acquisition of another's tangible personal property. The foundational offense is larceny, which requires a trespassory taking and carrying away of the property with intent to deprive the owner permanently. Related offenses such as embezzlement address misappropriation by one who initially holds the property lawfully.
Tanner Thompson worked at Twin Rivers Bank. He saw an envelope of bonus checks on coworker Talia Torres's desk, picked it up, and slid it under folders on an adjacent desk to retrieve later. The movement of the envelope satisfied the carrying-away element even though Tanner later abandoned the plan and the envelope stayed inside the office.
Talia Torres approached a locked equipment room at Trailblazer Airlines and falsely told the new guard she had authorization to move instruments. After he unlocked the door she removed a custom guitar and placed it in her car trunk. The guard's consent was invalid because it rested on her deliberate misrepresentation, rendering the taking trespassory.
Select any source to read its text and confirm it supports the definition.
Theodore Tucker served as crew chief for Titan Industries with authority over cargo manifests. He diverted several containers to a private dock, altered the manifests to show short-shipped cargo, and later arranged resale. Because Tucker initially held the containers lawfully through his employment position, the subsequent unauthorized disposition constituted embezzlement rather than larceny.
Tristan Thompson was charged with repeated copper wire thefts that caused widespread power outages and substantial repair costs. Because the offense carried a potential sentence exceeding six months, the Sixth Amendment entitled him to a jury trial rather than summary proceedings.
Tobias Thomas was questioned about the disappearance of electronics from a shipping container. After receiving Miranda warnings he admitted diverting the crates and directing their resale. The statement was admissible because it was given freely without coercion or improper inducement.
Taliah Tang and two coworkers agreed in advance to disable alarms and remove laptops from a warehouse after hours. One entered and loaded the laptops while the second distracted the guard and the third supplied the plan from offsite. The coordinated agreement established liability for conspiracy to commit larceny.
Larceny requires a trespassory taking from one with a superior right of possession. Embezzlement instead requires that the defendant initially acquire or hold the property lawfully and then convert it while still in lawful possession.
Supporting sources
Yes. Asportation is complete when the defendant moves all or part of the property however slightly as part of the carrying-away process. The property need not leave the premises.
Supporting sources
Consent obtained by misrepresentation is treated as invalid. The resulting taking is trespassory and supports larceny by trick.
Supporting sources
No. Traditional common law limits larceny to tangible personal property capable of possession and having value. Wrongfully obtaining services or real property does not constitute larceny.
Supporting sources
…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.…