Larceny vs. Theft — What's the Difference?
By Tayyaba Rehman & Urooj Arif — Updated on April 1, 2024
Larceny is a specific type of theft involving the unlawful taking and carrying away of someone's personal property with the intent to permanently deprive the owner of it, while theft is a broader term that encompasses all acts of stealing.
Difference Between Larceny and Theft
Table of Contents
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Key Differences
Larceny is a legal term used in some jurisdictions to define the act of stealing property without the use of force or fraud. It typically requires the offender to physically move the property, however slight the movement may be. On the other hand, theft can include various forms of taking someone's property, including but not limited to larceny, burglary, robbery, and fraud. Theft is a more encompassing term that covers any unauthorized taking of property with the intent to permanently keep it away from its owner.
The main distinction between larceny and theft lies in the legal definitions and the specifics of how the property is taken. Larceny usually refers to the simple act of taking property that is not one's own, with a clear intention to permanently deprive the rightful owner of it. Theft, whereas, can involve deception, coercion, or breaking and entering as means to accomplish the act of stealing.
Larceny is often considered a lesser included offense under the broader category of theft. This means that all acts of larceny are considered theft, but not all acts of theft qualify as larceny. For instance, if someone embezzles money from their employer, it is classified as theft but not as larceny because the taking does not involve physical movement of tangible property by unauthorized means.
In terms of legal consequences, the penalties for larceny and theft can vary widely depending on the jurisdiction and the value of the property stolen. Typically, the severity of the punishment for larceny, like that of theft, escalates with the value of the property taken. However, specific circumstances surrounding the act of theft may lead to different legal classifications and penalties beyond those for simple larceny.
Both larceny and theft are prosecutable offenses that carry legal penalties, which can include fines, restitution, community service, probation, or imprisonment. The determination of whether an act constitutes larceny or another form of theft will depend on the specifics of the law in the jurisdiction where the crime occurred.
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Comparison Chart
Definition
Unlawful taking and carrying away of someone's property without use of force or fraud.
Broad term encompassing all acts of stealing, regardless of method.
Legal Use
Specific legal term in some jurisdictions.
General term used universally.
Method
Requires physical movement of property.
Can involve various methods, including deception or force.
Scope
Considered a type of theft.
Includes larceny, burglary, robbery, etc.
Examples
Shoplifting without confrontation.
Embezzlement, robbery, shoplifting, auto theft
Compare with Definitions
Larceny
Stealing with intent to permanently deprive the owner of the property.
Taking a wallet left on a café table is an act of larceny.
Theft
The act of stealing property belonging to another with the intent to permanently deprive.
The theft of digital information is a growing concern.
Larceny
A crime involving the unauthorized removal of property.
The larceny of garden tools from a shed was reported to the police.
Theft
Encompasses both petty and grand scales based on the value of the property.
The theft of a diamond necklace was classified as grand theft.
Larceny
A specific category of theft defined by law.
He was charged with grand larceny for stealing a car.
Theft
A broad category of criminal acts involving taking someone's property.
Auto theft rates have increased in the city.
Larceny
An offense that involves stealth rather than force.
Committing larceny by sneaking into an unlocked garage is punishable by law.
Theft
Can be committed through various methods, including larceny.
Identity theft is a serious crime that can devastate its victims financially.
Larceny
The unlawful taking of personal property from another person without force.
Shoplifting a book from a bookstore constitutes larceny.
Theft
Prosecutable under the law with varying degrees of penalties.
Conviction for theft could result in imprisonment or fines.
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.
Theft
Theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft or fraud.
Larceny
The unlawful taking and removing of another's personal property with the intent of permanently depriving the owner; theft.
Theft
The action or crime of stealing
The latest theft happened at a garage
He was convicted of theft
Larceny
The unlawful taking of personal property as an attempt to deprive the legal owner of it permanently.
Theft
The unlawful taking of the property of another; larceny
The prevention of theft.
Larceny
A larcenous act attributable to an individual.
That young man already has four assaults, a DUI, and a larceny on his record.
Theft
An instance of such taking
Several car thefts.
Larceny
The unlawful taking and carrying away of things personal with intent to deprive the right owner of the same; theft. Cf. Embezzlement.
Theft
(Obsolete) Something stolen.
Larceny
The act of taking something from someone unlawfully;
The thieving is awful at Kennedy International
Theft
The act of stealing property.
Bike theft is on the rise
A suspect was arrested for the theft of a gold necklace.
Theft
The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.
Theft
The thing stolen.
If the theft be certainly found in his hand alive, . . . he shall restore double.
Theft
The act of taking something from someone unlawfully;
The thieving is awful at Kennedy International
Common Curiosities
What differentiates larceny from theft?
Larceny is a specific form of theft that involves directly taking someone's property without force, while theft includes any act of stealing.
How do law enforcement agencies differentiate between larceny and theft?
Agencies look at the method of taking and the nature of the property involved to determine if an act is specifically larceny or another form of theft.
Is burglary considered larceny or theft?
Burglary, which may involve entering a structure with intent to commit theft, is classified under theft but not specifically as larceny.
Can digital property be subject to larceny?
Typically, larceny refers to the taking of tangible property, while stealing digital property falls under broader theft laws.
What are the legal consequences of committing larceny?
Legal consequences can include fines, restitution, and imprisonment, depending on the jurisdiction and the value of the stolen property.
What constitutes grand larceny?
Grand larceny refers to larceny of property above a certain value, determined by law, and carries heavier penalties.
Can theft by deception be considered larceny?
Theft by deception is typically not classified as larceny, which requires physical taking without the use of deceit.
Is shoplifting considered larceny or theft?
Shoplifting is typically considered a form of larceny because it involves taking merchandise without paying for it.
Can returning stolen property negate a larceny charge?
While returning property might affect sentencing, it does not necessarily negate the charge of larceny.
Do all jurisdictions use the term larceny?
Not all jurisdictions use the term larceny; some may simply categorize it under theft.
Is the value of stolen property relevant in classifying a theft as larceny?
While the value affects the severity of the charge, the classification as larceny depends more on the method of theft.
How are theft laws enforced differently across jurisdictions?
Enforcement and classification can vary, with some areas having specific statutes for different types of theft, including larceny.
How is intent relevant in a larceny charge?
Intent is crucial; the perpetrator must intend to permanently deprive the owner of their property for it to be considered larceny.
What role does consent play in distinguishing larceny from other thefts?
Lack of consent is key to larceny; other thefts might involve initial consent that is violated, like in fraud.
Can larceny occur if the property was not in the owner's possession?
Yes, as long as the property is taken without consent and with intent to deprive, it can be considered larceny.
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Written 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.
Co-written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
