larceny by trick (2024)

FAQs

Larceny by trick? ›

Larceny by trick occurs when the offender lies in order to receive possession of property, but never obtains the title for that property. In other words, the owner of the property must have consensually given possession of the property to the offender, but never transferred ownership to the offender.

(2) Larceny by trick must be done with a lie about the present right to the property. False pretenses can be done with any lie. - All of these are Specific Intent Crimes!

Under California Penal Code section 484, any person who uses fraud or deceit to obtain possession to money, labor, or real personal property is guilty of theft by trick.

“Larceny by trick” is not a crime separate and distinct from common law larceny, rather, “larceny by trick” is used to describe larceny when possession of stolen goods was obtained by trick or fraud. State v. Barbour, 153 N.C. App. 500, 503, 570 S.E.2d 126, 128 (2002).

For example: An owner of a car gives the offender permission to borrow the car, on the condition it gets returned on Monday. The offender accepts, but never had any intention of returning the car.

The difference between the two crimes is that the thief who obtains possession and title of the property is guilty of Theft by False Pretenses and a thief who obtains possession of the property only is guilty of Larceny by Trick.

Deception is the act of deliberately causing somebody to accept something as true that is not true. It is an action that hides the truth.

The Model Penal Code criminalizes theft by deception when a defendant purposely “creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind” (Model Penal Code § 223.3(1)).

Penal Code 532 PC prohibits theft by false pretenses – which is defined as defrauding someone of money or property by way of false promises or representations. The offense may be prosecuted as a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison.

Degrees of Felony Theft or Larceny

A first-degree theft may apply to thefts where the value of the stolen property is over $100,000, while fifth-degree felony theft might apply to a crime where the value is between $1,000 and $2,500. (Some states refer to the most serious theft level as aggravated theft.)

What is the most common form of larceny theft? ›

In the United States the most common form of larceny is the theft of property from a motor vehicle. This does not include physical parts of the vehicle itself, but the items inside the car.

If a person is convicted of a misdemeanor larceny, it is classified as a Class 1 misdemeanor. The maximum penalty is 120 days in jail and a fine that is at the judge's discretion to assess.

If an individual is taking back property that was borrowed or stolen by another person, that also would not be larceny or theft in general.

Other forms of larceny include stealing from motor vehicles, pickpocketing, stealing from coin-operated machines, and purse snatching. However, shoplifting remains the most prevalent type of larceny.

As defined by the Restatement, common-law trespass is “an act which brings [about] intended physical contact with a chattel in the possession of another.” Restatement (Second) of Torts § 217 cmt.

A specific intent crime means it must be proven you intended to commit a certain harm. Simply put, specific intent crimes are those offenses where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime.

Intent. Like attempt, larceny is a specific intent crime. This means that a defendant can only be convicted of larceny if he had the specific intent to permanently deprive another of their property.

Larceny is a specific intent crime. This means that the person taking the property must specifically intend to keep the property unjustly. Therefore, in a situation where a person reasonably believes that they own the property they are taking, they would not have the specific intent required for larceny.

The term “false pretense” includes a wide range of criminal conduct, but the common theme is specific intent purpose to deceive someone.