larceny
lar·ce·ny
L0050500 (lär′sə-nē)larceny
(ˈlɑːsɪnɪ)lar•ce•ny
(ˈlɑr sə ni)n., pl. -nies.
| Noun | 1. |  larceny - the act of taking something from someone unlawfully; "the thieving is awful at Kennedy International" |
| 单词 | larceny | |||
| 释义 | larcenylar·ce·nyL0050500 (lär′sə-nē)larceny(ˈlɑːsɪnɪ)lar•ce•ny(ˈlɑr sə ni)n., pl. -nies.
larcenylarcenynounlarcenylarceny,in law, the unlawful taking and carrying away of the property of another, with intent to deprive the owner of its use or to appropriate it to the use of the perpetrator or of someone else. It is usually distinguished from embezzlementembezzlement,wrongful use, for one's own selfish ends, of the property of another when that property has been legally entrusted to one. Such an act was not larceny at common law because larceny was committed only when property was acquired by a "felonious taking," i.e. ..... Click the link for more information. and false pretenses in that the actual taking of the property is accomplished unlawfully and without the victim's consent (see robberyrobbery, in law, felonious taking of property from a person against his will by threatening or committing force or violence. The injury or threat may be directed against the person robbed, his property, or the person or property of his relative or of anyone in his presence at ..... Click the link for more information. ); along with the taking there must be a carrying-off. It is also distinguished from burglaryburglary, at common law, the breaking and entering of a dwelling house of another at night with the intent to commit a felony, whether the intent is carried out or not. This definition has been generally adopted with some modifications in the criminal law of the various states ..... Click the link for more information. in that the theft does not necessarily involve unlawful breaking and entering. Statutes in some states of the United States enlarge the scope of larceny to include embezzlement and false pretenses. Grand larceny, usually a felonyfelony , any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. In early English law a felony was a heinous act that canceled the perpetrator's feudal rights and forfeited his lands and goods to the king, thus depriving ..... Click the link for more information. , is distinguished from petty larceny, usually a misdemeanormisdemeanor, in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent. ..... Click the link for more information. , by the value of the property stolen. larcenyLarcenyThe unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it; a crime against the right of possession. Larceny generally refers to nonviolent theft. It is a common-law term developed by the royal courts of England in the seventeenth century. In the United States, most jurisdictions have eliminated the crime of Larceny from statutory codes, in favor of a general theft statute. The crime of larceny was developed to punish the taking of property in nonviolent face-to-face encounters, and to set it apart from Robbery. Robbery involved some measure of violence in connection with theft, and the courts did not feel that a nonviolent theft should warrant the same punishment. Larceny was nevertheless punished severely. A person convicted of larceny could receive the death penalty or be sentenced to many years in prison. The English courts were careful not to encroach on the lawmaking rights of the British Parliament, so they kept the crime of larceny limited and well-defined. A defendant could be convicted of larceny only if he or she had some physical interaction with the victim; the victim relinquished property that was in the victim's possession at the time of the taking; the defendant was not in lawful possession of the stolen goods at the time of the taking; and the defendant actually carried the property away at the time of the interaction. Over time the English courts recognized the need to expand the concept of larceny. In the absence of legislative action, they created new offenses based on the manner in which the theft was accomplished. Embezzlement was created in the eighteenth century to punish the misappropriation of property after lawful possession. This charge would apply, for example, if a store clerk accepted a customer's money in a legal sale, and then took that money for his or her own use. Embezzlement was punished more severely than larceny because it involved a breach of trust. Larceny by trick was created to punish the taking of property with the owner's consent when that consent was obtained by Fraud or deceit. Before the courts created the offense of larceny by trick, defendants who had swindled their victims were able to argue that they had not committed larceny because the victims had willfully given them property. Shortly after the courts created larceny by trick, they created the crime of obtaining property by False Pretenses. Before, a defendant who induced a person to part with the title to property could escape prosecution because the victim transferred not actual possession of the property but only title to the property. This commercial form of taking was made illegal under the law of false pretenses. The English courts also began to make distinctions based on the value of the stolen property. Grand larceny was any larceny of property worth more than a certain amount of money. Any larceny of property worth less than that amount was called petit larceny and was punished less severely. In time the issue of nonviolent theft became too complex for solution through case law, and the British Parliament began to enact statutes that more clearly defined it. The law of larceny and related offenses was adopted in the United States and remained in effect throughout the country's early history. Then, in the twentieth century, many legislatures abolished it in favor of a broad theft statute. In North Dakota, for example, the crime of theft now includes "larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, Extortion, blackmail, fraudulent conversion, Receiving Stolen Property, misappropriation of public funds, swindling, and the like" (N.D. Cent. Code § 12.1-23-01 [1995]). The sweeping theft statutes are favored by prosecutors because they make it less likely that a defendant can escape punishment by arguing that one of the discrete elements in a larceny, embezzlement, or related theft was not proved. Under larceny statutes persons who commit theft can escape punishment if the prosecutor does not choose the correct charge. Under broad theft statutes, prosecutors need only be concerned with the intent to steal and the value of the property involved. In states that have incorporated larceny into a broad theft statute, the punishment for a theft is based largely on the value of the stolen property. In Iowa, for example, theft of property exceeding $10,000 in value, theft directly from another's person, and theft of property in and around certain abandoned buildings is theft in the first degree, a class C felony. A class C felony is punishable by a prison term of up to ten years and a fine of at least $500 but no more than $10,000. Theft of property not exceeding $100 in value is theft in the fifth degree, a simple misdemeanor, which may be punished with a fine of up to $100 and an order to perform some community service specified by the judge (Iowa Code Ann. §§ 714.2, 902.9, 903.1). The broad theft statutes do not cover all possible theft offenses. States that have a theft statute also maintain statutes prohibiting such acts as the unauthorized use of an automobile, forgery, fraud, deceptive business practices, receiving stolen property, extortion, theft of services, and theft of property that was lost, mislaid, or delivered by mistake. Massachusetts is one state that has retained its larceny statutes. The general larceny statute in Massachusetts combines the crime of embezzlement with larceny. Under this statute anyone who
Massachusetts also has several other larceny statutes, some of which identify a certain act as larceny. For example, the crime of false pretenses relating to contracts, banking transactions, or credit is specifically defined as larceny (§ 33). This statute is necessary because the general larceny statute does not cover such theft. Larceny and theft are distinct from Burglary, which is committed when a person trespasses into a dwelling or other building with the intent to commit a crime. Burglary does not necessarily consist of the taking of property, although the intent to steal can upgrade a criminal charge from trespassing to burglary. Larceny is also different from shoplifting, which involves the theft of property from a place of business. Most states have eliminated the crime of shoplifting along with larceny, embezzlement, false pretenses, and similar offenses, in creating one broad theft statute.In all states larceny and theft are distinct from robbery. Robbery involves the threat of force or the actual use of force in connection with a theft. The line between robbery, and larceny or theft is unsteady. If a perpetrator plies the victim with alcohol or drugs, most courts consider this a form of force that boosts the crime from larceny or theft to robbery. If a perpetrator simply moves a person who is unconscious through no fault of the perpetrator, the movement may not constitute the kind of force that gives rise to robbery. Most courts refuse to convict a defendant of robbery if the victim was unaware of any use of force, but the defendant may be charged with larceny or theft. Larceny and theft generally are a matter of state law. Congress maintains a few federal laws regarding thefts that have federal implications. These statutes include theft at lending, credit, and insurance institutions; theft of interstate shipments of goods; theft on waterways and oceans; and theft by court officers. Further readingsAbramowitz, Elkan. 1997. "Proposed Amendments to Fraud, Theft Sentencing Guidelines." New York Law Journal 217 (March 4): 3. Genco, Courtney C. 1992. "What Happened to Durland? Mail Fraud, RICO, and Justifiable Reliance." Notre Dame Law Review 68. Kaplan, John, and Robert Weisberg. 1991. Criminal Law: Cases and Materials. 2d ed. Boston: Little, Brown. Rusting, Robert R. 2003. The Theft Prevention Guide: For Hospitals, Nursing Homes, and Assisted Living Facilities. Marbelhead, Mass.: Opus Communications. larcenyn. the crime of taking the goods of another person without permission (usually secretly), with the intent of keeping them. It is one form of "theft." Some states differentiate between grand larceny and petty larceny based on the value of the stolen goods. Grand larceny is a felony with a state prison sentence as a punishment and petty larceny is usually limited to county jail time. (See: grand larceny, petty larceny, theft) larcenyanother term for some kinds of THEFT, no longer in technical use in the UK.LARCENY, crim. law. 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 his, the taker's use, and make them his property, without the consent of the owner. 4 Wash. C. C. R. 700. larceny
Synonyms for larceny
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