Larceny vs. Burglary — What's the Difference?
Edited by Tayyaba Rehman — By Maham Liaqat — Updated on March 8, 2024
Larceny involves taking someone's property without consent, while burglary requires unlawful entry into a structure with intent to commit a crime.
Difference Between Larceny and Burglary
Table of Contents
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Key Differences
Larceny is a crime that involves the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of it. It does not involve breaking and entering; the theft can occur in a variety of settings. Burglary, on the other hand, is characterized by the unlawful entry into a building or structure with the intent to commit a crime inside, which could be larceny but also other crimes like vandalism or assault.
The key element of larceny is the intent to steal, regardless of the method used to take the property. This means that the perpetrator must have intended to take the property without the owner's permission and with no intention of returning it. In contrast, burglary focuses more on the manner of entry and the intent at the time of entry — the entry must be unlawful (without consent) and with the intent to commit a felony or theft once inside.
Larceny can range from petty theft, involving items of low value, to grand larceny, involving valuable items and possibly involving more severe penalties. Burglary is often classified based on the type of structure entered (residential, commercial, etc.) and the time of day, with nighttime burglaries sometimes considered more serious due to the increased risk of a confrontational encounter.
Legal consequences for larceny may include fines, restitution, and imprisonment, depending on the value of the stolen property and jurisdictional statutes. Burglary charges can carry more severe penalties, particularly if the burglary involves a dwelling or if the perpetrator was armed or committed another crime during the burglary.
Both larceny and burglary are property crimes, but the specific circumstances and elements of each crime are what differentiate them in the eyes of the law. Understanding the distinctions is crucial for legal professionals, law enforcement, and the public in recognizing the nature of these offenses and their implications.
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Comparison Chart
Definition
Unlawful taking of someone's property without consent.
Unlawful entry into a structure with intent to commit a crime.
Key Element
Intent to steal.
Unlawful entry and intent to commit a crime inside.
Occurrence
Can happen anywhere, no need for breaking and entering.
Involves entering a building or structure.
Common Crimes Associated
Petty theft, shoplifting, grand larceny.
Theft, vandalism, assault inside a structure.
Legal Consequences
Fines, restitution, imprisonment (varies by value).
Potentially severe penalties, varies by jurisdiction and circumstances.
Compare with Definitions
Larceny
Involves taking personal property without permission.
Shoplifting merchandise from a store constitutes larceny.
Burglary
Involves entering a structure without permission.
Breaking into a house through a window at night.
Larceny
The perpetrator intends not to return the property.
Stealing a bicycle from a public rack, intending to keep it.
Burglary
The crime intended can be theft or any felony.
Entering a garage with the intent to steal a car.
Larceny
Can occur without breaking into a property.
Taking an unattended bag from a park bench.
Burglary
Nighttime or armed burglary may incur harsher penalties.
Armed burglary of a residence is often treated more severely.
Larceny
Classified as petty or grand larceny based on property value.
Stealing jewelry worth thousands might be charged as grand larceny.
Burglary
Penalties vary widely, often more severe than larceny.
Conviction might lead to long-term imprisonment, especially for aggravated burglary.
Larceny
Penalties depend on the stolen property's value and laws.
Petty larceny might result in fines, while grand larceny could lead to imprisonment.
Burglary
Must involve a building, not just open land.
Burglarizing a store after hours by picking the lock.
Larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also Statutory law), where in many cases it remains in force.
Burglary
Burglary, also called breaking and entering and sometimes housebreaking, is illegally entering a building or other areas to commit a crime. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary.
Larceny
The unlawful taking and removing of another's personal property with the intent of permanently depriving the owner; theft.
Burglary
Illegal entry of a building with intent to commit a crime, especially theft
A series of burglaries
A two-year sentence for burglary
Larceny
The unlawful taking of personal property as an attempt to deprive the legal owner of it permanently.
Burglary
The act of entering another's premises without authorization in order to commit a crime, such as theft.
Larceny
A larcenous act attributable to an individual.
That young man already has four assaults, a DUI, and a larceny on his record.
Burglary
An instance of this
There were 10 burglaries in the area last month.
Larceny
The unlawful taking and carrying away of things personal with intent to deprive the right owner of the same; theft. Cf. Embezzlement.
Burglary
The crime of unlawfully breaking into a vehicle, house, store, or other enclosure with the intent to steal.
Larceny
The act of taking something from someone unlawfully;
The thieving is awful at Kennedy International
Burglary
(law) Under the common law, breaking and entering of the dwelling of another at night with the intent to commit a felony.
Burglary
Under the Model Penal Code, entering a building or occupied structure with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. Model Penal Code § 221.1.
Burglary
Breaking and entering the dwelling house of another, in the nighttime, with intent to commit a felony therein, whether the felonious purpose be accomplished or not.
Burglary
Entering a building unlawfully with intent to commit a felony or to steal valuable property
Common Curiosities
Is pickpocketing considered larceny or burglary?
Pickpocketing is considered larceny because it involves stealing without unlawful entry into a structure.
How do legal consequences differ between larceny and burglary?
Burglary often carries harsher penalties due to the invasive nature of entering a structure and the potential for additional crimes.
What role does intent play in distinguishing between the two crimes?
Intent to steal is crucial for larceny, while intent to commit any crime inside is key for burglary.
Can burglary occur without theft?
Yes, if the intruder intends to commit any crime, not just theft, it's considered burglary.
How do values of stolen items affect larceny charges?
Higher-value thefts may result in grand larceny charges, carrying more severe penalties than petty larceny.
Can larceny be committed in one's own home?
Yes, if someone takes property they do not own within a home without permission, it can be considered larceny.
Does burglary require breaking a window or door?
No, any unlawful entry, even through an unlocked door, can constitute burglary if there's intent to commit a crime inside.
What is the main difference between larceny and burglary?
Larceny is theft without consent, while burglary involves entering a structure unlawfully with intent to commit a crime.
Are there different types of burglary?
Yes, legal systems may categorize burglaries based on factors like the time of day, whether the structure is a dwelling, and if the perpetrator was armed.
Can a person be charged with both larceny and burglary?
Yes, if someone unlawfully enters a structure with the intent to steal and then commits theft, they could face both charges.
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Written by
Maham Liaqat
Edited by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
