Decoding the Difference Between Larceny and Theft

For many people, the words ‘theft’ and ‘larceny’ simply mean ‘stealing.’ However, when a prosecutor files charges, the specific term used can have major implications for the elements that must be proven and the potential penalties. While both are crimes against property, their scope and history are different.

The Umbrella: Understanding “Theft”

In modern criminal law, Theft is best understood as the broad, statutory umbrella term for the unlawful taking of another person’s property with the intent to permanently deprive the owner of it.

This general category encompasses many different forms of criminal conduct that all share the core element of non-consensual deprivation. Depending on the state’s criminal code, “Theft” may include crimes that were historically separate under common law, such as:

• Larceny: The physical taking and carrying away of property.
• Embezzlement: Theft by a person who was lawfully entrusted with the property (e.g., an employee stealing from their employer).
• Theft by False Pretense (or Fraud): Obtaining property by deceit or fraudulent representation.
• Theft of Services: Unlawfully obtaining services (e.g., not paying a restaurant bill or for a repair job).

The Specific Act: Defining “Larceny”

Larceny is the oldest and most traditional of the property crimes, having originated from English common law. It is a highly specific subset of theft, focusing almost exclusively on the physical act of stealing tangible personal property.

For a crime to be classified as larceny under common law and in many state statutes that still use the term, the following strict elements must be met:

1. Taking and Carrying Away (Asportation): The defendant must physically move the property from its original location. Even a slight movement (like putting an item in a pocket) can satisfy this element.
2. Personal Property of Another: The item taken must be tangible, movable property. Real estate, land, or intangible assets like data or services were not historically covered under larceny.
3. Trespassory Taking: The property must be taken from the owner’s possession without their consent or legal justification.
4. With the Intent to Permanently Deprive: The perpetrator must have the intention of keeping the stolen property or disposing of it permanently.

Key Distinctions and Jurisdictional Differences

The confusion between the terms often arises because many states have chosen to consolidate their property crime laws. States like Florida and New York, for example, have essentially abolished the term ‘larceny’ in favor of a single, broad statutory crime called ‘Theft’ or ‘Larceny’ (which covers embezzlement, false pretenses, etc., under one heading).

Comparison of Key Elements

Aspect	Theft (Broad Term)	Larceny (Specific Crime)
Scope	Umbrella term for most unlawful property deprivations.	Specific subset of theft, focused on physical removal.
The Act	Can be by taking, deception, or entrustment (e.g., embezzlement).	Requires a physical “taking and carrying away” (asportation).
Property Type	Can include physical property, services, intellectual property, etc..	Historically limited to tangible personal property.

Summary: Key Takeaways for Property Crimes

When considering a property crime offense, remember these core legal distinctions:

1. Larceny is a Subset: All larceny is a form of theft, but not all theft is larceny (e.g., embezzlement is theft, but not traditional larceny).
2. Focus on the Act: Larceny, in its narrowest sense, requires the specific physical act of “taking and carrying away”. Theft covers a wider range of non-physical deprivations like fraud.
3. State Law Governs: The terms’ practical usage depends entirely on your jurisdiction’s criminal statutes. Some states use a single consolidated “Theft” statute to cover everything.
4. Distinguish from Violence: Neither larceny nor theft involves force or the threat of force against a person. The presence of force elevates the crime to Robbery.

Frequently Asked Questions (FAQ)

Q: Is shoplifting larceny or theft?

A: Shoplifting is generally classified as a form of Larceny because it involves the physical taking and carrying away of merchandise. In jurisdictions with consolidated statutes, it is simply a specific type of Theft.

Q: How does embezzlement fit into this?

A: Embezzlement is a type of Theft. It is distinct from traditional Larceny because the perpetrator initially has lawful possession of the property (e.g., an accountant with access to funds), and then wrongfully converts it to their own use.

Q: Does the use of violence change the charge?

A: Yes. If property is taken from a person through the use of force, violence, or the threat of violence, the crime is upgraded from simple Theft or Larceny to Robbery, a much more serious felony offense.

Q: What is the main factor determining ‘Grand’ vs. ‘Petit’?

A: The most common and primary factor is the monetary value of the stolen property. Specific types of property, like firearms, can also automatically trigger a ‘Grand’ (felony) charge regardless of value.

Disclaimer

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