In the United States , is a Common Law Crime involving theft. Under the Common Law , larceny is the Trespass ory asportation and taking of the Tangible personal property of another with the intent to deprive him or her of it permanently. In English Law , the common law offense was codified into the Larceny Act 1916. In turn, the terminology and substance was converted into theft by the Theft Act 1968 .
- limits right of possession—that is, lawful possession prior to the act negates trespass (see Embezzlement ). Even if the prior owner did not have possession (as in, lost or misplaced), then he is deemed to still have constructive possession. Therefore, if a finder knew or could determine who the owner was, and at the time he found it intended to keep it, then the finder has committed trespass. Generally, however, the law cannot convict a finder unless the property bore some indication it belonged to somebody, and the finder intended to keep it at the time of the finding. ( Model Penal Code sec. 223.5)
- and taking involve physical movement of the property. That is, if the property is not moved, then there is no larceny. Furthermore, if a person ("Alice") tells the other ("Bob") that the item is hers (Alice's), then authorizes Bob to take it, and Bob takes off with it, it is Alice whom the law deems to have asported—because Bob is protected by the fiction of innocent agency. Taking is typically defined as exercising control and dominion over the property.
Larceny under common law is never applied to Real Property (land), or services. However, in the U.S., the Model Penal Code (MPC) states that services can be the subject of theft. Wild animals (''ferae naturae'') are deemed to not be the property of the owner of whatever land they are found on, so takings of wild animals are also not subject to larceny.
One can only "steal" one's own property when another has a better right to possession at the relevant time. Larceny is a crime of possession, not ownership. Thus, if a vehicle is under the possession of a mechanic, and the owner takes the vehicle, he could be guilty of larceny.
- The required is that one intended to deprive the possessor of the property "permanently". Courts have held that "permanence" is not simply keeping forever; it can include the intent to deprive the possessor of economic significance, even if there are plans to return the property later. Although the '' Mens Rea '' of larceny is the intent to steal, the focus is on the loss to the possessor, not the gain to the defendant. Thus, even if the thief did not gain in the taking, it could still be classed as larceny if the possessor lost in the process. Further, the ''mens rea'' and '' Actus Reus '' must coincide. If one rents a car with intent to return, then decides to keep it, then there is no larceny (see Embezzlement ).
In most of the United States the common law definitions of certain crimes have been modified. Quite often the general crime of Theft has replaced larceny, and most related common law and statutory crimes such as Embezzlement , False Pretenses , Robbery , and Receipt Of Stolen Property .
- occurs when the victim of larceny is tricked by a misrepresentation of fact into giving up possession of property. This should not be confused with False Pretenses , where the victim is tricked into giving up title to the property. However in New York State this class of larceny is broken down in statutes into two types.
- --- refers to where someone obtains property in exchange for a promise to do something when the person making the promise does not intend to fulfill that promise. An example would be A taking a down payment for doing work for B, and then A takes the money and runs off to the Bahamas with no intention to ever do the work.
- --- refers to obtaining property by misrepresenting facts relating to the promise. Here, an example would be where A offers to sell '''his''' car to B when A does not actually own the car.
- is typically defined as larceny of a significant amount of property, in some cases, it can be less. In the U.S. , it is often defined as an amount valued at $ 200 or more. In New York, Grand Larceny refers to amounts of $1000 or more. Grand larceny is often classified as a Felony with the concomitant possibility of a harsher Sentence . Sometimes, the crime can be considered serious even for trivial theft. For example, in Virginia, petit larceny (a misdemeanor) occurs when the amount stolen is less than $5.00, if taken from the person (e.g. pickpocketing or robbery), or less than $200 if not taken from the person (e.g., stealing someone's property) § 18.2-96 , Code of Virginia, 1950.. Grand Larceny (a felony) occurs for a theft of only $5.00 or more from a person, or more than $200 if not taken from the person. § 18.2-95 , Code of Virginia, 1950.The same penalty applies for stealing checks as for cash or other valuables. § 18.2-98. , Code of Virginia, 1950.
According to the general statutes some states such as North Carolina have no formal Charge of Grand Larceny. There is however Felonious Larceny which is defined the same as Grand Larceny.
In the PBS kids' series, '' Where In The World Is Carmen Sandiego? (game Show) '', one of Carmen's gang members was a blonde-haired girl named .
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