Theft vs. Larceny

[Bassy]

I hope someone can help me with this. I came across the word "Larceny" today. I pretty much know it means robbery,stealing,theft. But I wanted to know what the difference between Larceny and Theft is. So I look on Dictionary.com and Mr. Websters dictionary and that didn't help me. Help me understand why the English language would have two words for exactly the same thing(I know it happens often). I'm hoping there is a difference. But we'll see won't we?<br />Yep, teachers always wanting to know why. That's me!<br />Bassy

 

[Dunaruna]

Re: Theft vs. Larceny

For whatever reason, lawmakers need to define theft into a gazzillion categories.<br /><br />Theft is when a person (the theftee ) is present at the time of the theft. Larceny is when the theftee is NOT present.<br /><br />It then gets broken down into more categories depending on the dollar value of the stolen goods and whether or not its a car.

 

[jtexas]

Re: Theft vs. Larceny

It's a question of precision...larceny means physically taking possession of somebody else's personal property (without permission and intending to keep it), theft is stealing in general, personal, real or intellectual property. So stealing a car is both larceny and theft, but stealing someone's identity is theft but not larceny. Downloading songs from Ares is also theft, but not larceny.<br /><br />I think frequently multiple words with the same meaning have subtle differences in meaning (or did when they were invented), which in normal conversation don't really matter but when you need to be precise, they're there for you.<br /><br />Just my 2¢.<br /><br />Disclaimer: I am not a lawyer, and not an English teacher either.

 

[Bassy]

Re: Theft vs. Larceny

Thank you. That helps a bit.<br />Bassy

 

[PW2]

Re: Theft vs. Larceny

Theft is a more general term that applies to all crimes of this sort--robbery, burglary, larceny, etc.<br /><br />larceny is a specific crime, as opposed to robbery or burglary or embezzlement, etc. They are all theft.

 

[KRS]

Re: Theft vs. Larceny

LARCENY - Illegal taking and carrying away of personal property belonging to another with the purpose of depriving the owner of its possession.<br /><br />The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to the taker's use and make them his property without the consent of the owner.<br /><br />To constitute larceny several ingredients are necessary. The intent of the party must be felonious; he must intend to appropriate the property of another to his own use. If the accused have taken the goods under a claim of right, however unfounded, he has not committed a larceny.<br /><br />There must be a taking from the possession, actual or implied, of the owner; hence if a man should find goods and appropriate them to his own use, he is not a thief on this account.<br /><br />There must be a taking against the will of the owner and this may be in some cases where he appears to consent; e.g., if a man suspects another of an intent to steal his property, and in order to try him, leaves it in his way and he takes it, he is guilty of larceny. The taking must be in the county where the criminal is to be tried. But when the taking has been in the county or state and the thief is caught with the stolen property in another county than that where the theft was committed, he may be tried in the county where arrested with the goods, as by construction of law, there is a fresh taking in every county in which the thief carries the stolen property.<br /><br />There must be an actual carrying away, but the slightest removal, if the goods are completely in the power of the thief, is sufficient; to snatch a diamond from a lady's ear, which is instantly dropped among the curls of her hair, is a sufficient asportation or carrying away.<br /><br />The property taken must be personal property; a man cannot commit larceny of real estate. For example, an apple, while hanging on the tree where it grew, is real estate, having never been separated from the freehold; it is not larceny therefore, at common law, to pluck an apple from the tree and appropriate it to one's own use, but a mere trespass. If that same apple however, had been separated from the tree by the owner or if shaken by the wind, and while lying on the ground it should be taken with a felonious intent, the taker would commit a larceny, because then it was personal property. Animals ferae naturae, while in the enjoyment of their natural liberty, are not the subjects of larceny. At common law, choses in action are not subjects of larceny.<br /><br />Larceny is divided in some states into grand and petit larceny depending upon the value of the property stolen.<br /><br />*************************<br /><br />THEFT - This word is sometimes used as synonymous with larceny, but it is not so technical. <br /><br />In the Scotch law, this is a proper and technical word, and signifies the secret and felonious abstraction of the property of another for sake of lucre, without his consent.

 

[Bassy]

Re: Theft vs. Larceny

Its perfectly clear now. Thank you all for clearing that up for me.<br />Bassy

 

[deputydawg]

Re: Theft vs. Larceny

In Nebraska theft is theft. If you steal from someone that is theft. Issueing a bad check is theft by deception and is classed by dollar value into misdemeanors and felonies. Theft by unlawful taking is self explanitory and is also classed by value of property taken. Theft by recieving stolen property is when someone is in possession of stolen property but it can not be proven is they took it or someone else did. There is also theft of lost or mislaid property. If you find a wallett with an ID in it, and fail to return it to the owner it is theft of lost or mislaid property. The same for borrowed property like a library book. But for a theft it must be proven that the suspect intended to deprive the owner of the property.<br /><br />Robbery is taking from a person by physical force or threat. If someone pushes someone down, hits kicks or threatens serious bodily harm to someone to take property then it is robbery...always a felony.<br /><br />Burglary is when someone enters property with the intent to steal. By entering the property they must break the plane, cross the threshold, whatever. The property entered of course must be a building or dwelling, but does not have to be locked. Actually does not even have to have a door. When a person breaks the plane to enter with the intent to steal then it is burglary....always a felony.<br />if we can not prove they entered with the intent to steal, like catch them in the act before they take anything, it is simple tresspassing. It is impossible to prove intent in most cases. Burglary is a felony no matter what the value. if someone enters to steal a penny then it is felony.