Larceny

Definition:

Larceny is the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of its possession. It is a form of theft that involves physical removal of property without the use of force or consent.

Legal Glossary

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Larceny Information

Larceny is one of the most traditional and well-known theft crimes, originating from common law principles. It differs from crimes such as robbery or burglary because it does not involve violence, threats, or unlawful entry.
To prove larceny, prosecutors must show that the accused intentionally took another’s property without permission and intended not to return it. Depending on the value of the property taken, larceny may be classified as petty (misdemeanor) or grand (felony).
Modern statutes in many states, including Florida, have replaced or merged larceny with broader theft laws, but the term remains widely used in legal contexts.

Florida Legal Definition

Under **Florida law**, larceny is encompassed within the general definition of **theft** under **Section 812.014, Florida Statutes**. The statute defines theft as knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to temporarily or permanently deprive the person of a right to the property or its benefit.
Florida categorizes theft based on the value of the property:

  • Petit Theft – property valued under $750 (misdemeanor)
  • Grand Theft – property valued at $750 or more (felony)

Penalties vary depending on the degree of theft, prior convictions, and specific circumstances.

How It’s Used in Practice

In practice, larceny cases may involve theft of items such as money, jewelry, vehicles, or other movable property.

  • Law enforcement investigates suspected thefts and gathers evidence such as surveillance footage or witness statements.
  • Attorneys determine whether the conduct meets the legal definition of larceny or another theft-related crime.
  • In civil cases, victims may also pursue restitution or damages for stolen property.
  • Prosecutors must prove intent to permanently deprive the owner to secure a conviction.

Key Takeaways

  • Larceny involves unlawfully taking another person’s property with intent to keep it permanently.
  • It differs from robbery or burglary because it does not involve force or unlawful entry.
  • Florida law classifies larceny under the broader category of theft, per **Section 812.014, Florida Statutes**.
  • Penalties depend on the value of the property and may range from a misdemeanor to a felony.
  • Intent and unlawful possession are key elements required to prove larceny.

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron & Shea, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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