Law of Larceny
Larceny is a general term applied to theft of personal property. Although all states have their own statutes defining larceny and its penalties, many of them share certain elements that evolved from English common law.
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Definition
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Larceny is defined as the act of taking and carrying away another person's tangible personal property via trespass (meaning, without the owner's consent), with the intention to permanently deprive him of it.
Personal Property
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Under the common law definition of larceny, the stolen materials must not only be tangible personal property (thus excluding land and its fixtures), but be of some measurable value in itself. However, many states have amended their larceny laws to allow the property to include written instruments which only represent value.
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Intent
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Larceny requires that the actor intend to permanently deprive the owner of the property ("permanently" has also been construed broadly by courts to include long periods of time). This intent must exist at the moment the actor takes the property.
Control
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For commission of larceny, the actor must obtain actual control of the property and move it. Damaging the property, or simply causing it to move, is not enough.
Possessory Interest
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Larceny requires taking property from someone with a superior possessory interest. If the actor has a legal right to the property, and takes it from someone who does not, he may be guilty of other crimes, but did not commit larceny.
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References
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