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Larceny

The Issue of Valuable Personal Property and Larceny

The Issue of Valuable Personal Property and Larceny

The crime of larceny includes an element of possession of valuable personal property. Possession is defined as the person that should or does have the personal property in hand. Possession rights do not always work concurrent to ownership rights. For example, a person may own a boat which is in possession of the employees of a marina. 
 
 
The owner of the boat realizes that they cannot afford to pay for the repairs that have already been completed. The owner of the boat removes the personal property from the marina without paying the bills. The marina has possession rights of that personal property until the bill has been paid. 
 
 
The owner is guilty of larceny because they took possession of property that they did not have the right to possess, even though they were the rightful owner.
 
 
Personal property is defined as objects that can be felt and seen. Due to that definition of larceny, some objects do not fall under personal property laws, such as wild animals that take residence on a person’s land.
 
 
Personal property laws are meant to protect individuals that have possession rights or ownerships rights to a piece of property that has monetary value. Personal property laws can encompass many types of property. For example, a vehicle, a wallet, a piece of jewelry would all be considered under personal property laws.
 
 
Personal property laws allow criminals to be prosecuted for thefts of all types of property that are conceivably the personal property of some individual and that property has some form of monetary value. Realistically, almost all types of property have some monetary value. However, items like garbage are not likely to be sold, unless perhaps it is the garbage of a famous person and people are looking for some sort of keepsake.
 
 
In the case of a famous person, garbage may fall under personal property laws because that garbage conceivable has monetary value. For the average person's garbage, that would not be the case because it would not likely have any financial value.
 
 
Valuable personal property is any piece of property that can or does have some sort of monetary value. If the value of that item is low, the criminal will likely face petty larceny charges. If the value of the item is above a certain threshold, as prescribed by each state’s personal property laws, then they will likely be charged with grand larceny. 
 
 
The value of the personal property can affect the seriousness of the charges, but in either case, the perpetrator will be charged with some crime of theft, most likely larceny.
 
 
All that is required to break personal property laws is that the perpetrator take property that belongs to another person, regardless of whether or not they knew who the actual owner of that property is.
 

Trespassory Taking

Trespassory Taking

Larceny committed with the element of trespassory taking involves the perpetrator stealing property that rightfully belongs to another with the intent of permanently depriving the rightful owner of that property. In both petit larceny and grand larceny, the perpetrator takes part in trespassory taking of property from its rightful owner.
Trespassory taking means that the perpetrator acquired property or possesses the property, even though they have no actual right to the property. The language of larceny laws was changed in the United Kingdom, when the Theft Act of 1968 was written. The language was streamlined and helped to simplify laws as they pertained to theft, eliminating confusing terms such as trespassory taking.
Yet laws in many countries, including the United States, are based on common laws that were originally defined by the use of such language. While simpler terms may now define the laws, the premise remains the same. Theft involves a person that possesses, for some length of time, some property that rightfully belongs to someone else.
In petit larceny, the perpetrator is guilty of stealing property with a small value, such as items at a convenience store. In grand larceny, they are charged with stealing property worth some set amount of money, with that amount being determined by jurisdictional laws.  For example, a particular jurisdiction may set the limit at $200 for petit larceny, with any amount over that being considered grand larceny. In either case, however, the perpetrator will have violated the rightful owner’s rights to possess the property by committing trespassory taking.
In order to be guilty of trespassory taking, the perpetrator must have had knowledge that the property did not belong to them. However, to be guilty of either petit larceny or grand larceny the criminal did not have to be fully aware of who the actual owner of the property originally was.
To be charged with either grand larceny or petit larceny, the individual must have known that said property did not belong to them and that they had no ownership rights to that property. While the perpetrator does not have to know who did have ownership rights to said property, they must have been aware that they were not the rightful owner.
Trespassory taking simply means that the perpetrator did take property that they knew they had no ownership rights to and that some other person did indeed have the possession rights for that property. Possession is a key factor in larceny. It does not matter who owns the property at the time that someone steals it, it only matters that somebody else has possession rights of that property.

Grand Larceny

Grand Larceny


Grand larceny refers to theft involving excessive value of property generally $200 – $1000 or more.  The penalty for grand larceny is greater than that for simple theft or petit larceny and is generally a felony rather than a misdemeanor.  Laws defining larceny generally differentiate by type of items stolen, intent and the even in which the theft occurred, such as shoplifting.

What is the general definition of grand larceny?

Many states will differ in their definition of grand larceny.  Generally, grand larceny is separate from burglary in that burglary involves the illegal entrance of the criminal into the structure.  Therefore, shoplifting from a store is larceny, but breaking in at night is not.  Theft of personal property outside of structures such as stealing a car or snatching valuables is also considered grand larceny.  In modern terms, the theft of one’s identity or engaging in other forms of fraud also constitutes larceny.  Conning an individual out of personal possessions and property is also larceny as this is a form of theft, even if the property was handed to the criminal under false pretenses.

How is the value of goods determined in a grand larceny case?

The market value of the goods stolen is the general benchmark used in grand larceny determinations.  The cost of replacing the item is also a measure used.  The upgrading of the charges from simple theft or petit larceny will vary depending on the state’s benchmark for grand larceny.  Grand larceny always carries harsher penalties, usually a felony.  Hen multiple items are stolen, the value of the items is added in the determination, meaning that grand larceny can be applied even when cheap items are stolen.

How does the definition of grand larceny vary by jurisdiction?

Not all states will use the terms grand larceny and petit larceny when referring to criminal theft.  Felonious larceny, as the name implies, is larceny where the penalty is a felony.  This is virtually identical to the conventional definition of grand larceny.  Other states will apply felonies to theft in special circumstances, such as burglary and muggings.  This would be a rarer instance that burglary is considered a form of larceny.

Is misappropriation considered larceny?

Generally, the misappropriation of property entrusted to another, usually by virtue of employment, is considered larceny.  Although this is not theft in the conventional sense, it does involve the illegal transfer of property, without the owner’s consent to another.  Grand larceny misappropriation cases are generally embezzlement, when significant amounts of property have been stolen through a violation of trust between the embezzler and the owner.

What is federal grand larceny?

Larceny can be tried at the federal level, related to the government’s role regulating interstate commerce.  As such, cases involving internet fraud often entail federal grand larceny charges.  Officials in the government guilty of misappropriation of members of corporate organizations that commit theft will also face federal grand larceny charges.  Federal grand larceny will have similar sentencing and distinction as the state laws.

 

Difference between burglary, larceny, robbery, theft, and stealing?

Difference between burglary, larceny, robbery, theft, and stealing?

When an individual is caught stealing an asset, they will be charged with a specific crime. Although burglary, larceny, robbery, theft, and stealing all incorporate the theft of a good, the specifics associated with each charge vary. To best describe the differences between these acts of stealing, it is necessary to understand the specific characteristics associated with each charge. 
 
 
Burglary is defined as the unlawful entry onto a piece of property with the intent to commit some crime inside the structure. Physical breaking and entering is not required for a burglary conviction. A burglary charge will be warranted if the individual is trespassing or simply entering a piece of private property that they do not own. Dissimilar to a robbery, a burglary does not require force to obtain the property. In addition, there is usually no victim present during a burglary. 
 
 
In contrast to burglary, the act of larceny is charged if an individual takes and carries a piece of property that does not belong to them for the purpose of depriving the owner of possession. Larceny must involve personal property that can be moved, such as jewelry, paintings, or any valuable assets that can be physically moved. Larceny, therefore, is the act of stealing an asset without the intent of returning it.
 
 
The broader term in regards to a stolen good or the act of stealing is theft. Theft refers to the act of stealing a good from an individual and acquiring illegal ownership of that particular good or asset. In legal terms, larceny, burglary, and robbery are all forms of theft and stealing.
 

Understanding Larceny Charges

Understanding Larceny Charges

What is Larceny?


Larceny is defined as the legal classification of theft, which is the criminal act of obtaining the personal or private property belonging to another individual or entity through the use of illegal, unlawful, unethical, or fraudulent means. Within the scope of a larceny or theft offense, there exists a broad range of applicable and associated classifications of not only the nature of the theft in question, but the methodology exacted in the execution of the specific act of larceny.
What Role Does ‘Intent’ Play in a Larceny Charge?
In the prosecution and sentencing that takes place within a conviction of theft, not only the intent, but the violent or aggravated nature of the crime itself is taken into consideration with regard to the imposition of sentencing:
Stolen Property
Property or items gained by illegal possession; the value of the property in question is considered in the sentencing of a larceny lawsuit.
Intent
Intent is legally defined as the intended result for which one hopes as a result of any individual actions or activity.
Twilight
The nighttime hours of the day; many states’ legislation attributes the intent to commit theft in the event that a burglary takes place within twilight hours.
Malice Aforethought
Harmful and deliberate intentions with regard to theft or larceny.
Larceny Offense Profile
Legal Jurisdiction: Criminal Law
Type of Crime: Misdemeanor or Felony – varies upon the nature of the crime
Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province
Range of Punishment(s): Fines, probation, associated penalties, or incarceration – varies upon case details
Types of Larceny Charges
Shoplifting: Theft that takes place in a commercial setting. A shoplifter secretly attempts to steal merchandise available for consumer purchase.
Burglary: Theft that involves the intrusion upon the personal property belonging to another individual with the intent of theft. This can be known as ‘breaking and entering’.
Armed Robbery: The act of larceny involving threats of violence while utilizing a deadly weapon. This can be considered aggravated robbery.
Identity Theft: The criminal act of illegally assuming the identity of another human being without their consent with the intent of committing fraud, theft, exploitative acts, and harm.
Robbery: Larceny that takes place with additional threats of violence or harm with regard to the theft itself.
Arrest Process for Larceny
Individuals who have been served documentation in the form of an arrest warrant displaying a Larceny charge, or have already been arrested by law enforcement agents, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges. Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from a Larceny arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):
Habeas Corpus
Due Process
The Presumption of Innocence
Upon the arrest for a Larceny charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’.
The Preparation of a Larceny Defense
Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on Larceny legality, criminal law, and defense. In the construction of a defense, the individual may be asked to provide the events surrounding the Larceny in question, any included threats, the biographical information with regard to any and all victims, any previous arrests and/or convictions, evidence and witness testimony, full account of the details surrounding the event in question, and the arrangement for bail or bond.
Reporting a Larceny Offense
In the event that an individual has been made aware of an ongoing Larceny, or has been party to a theft that has occurred in the past, they are encouraged to contact their local authorities or law enforcement department in order to report the details of the offense. In the event that an individual wishes to do so in an anonymous fashion, they have to opportunity to contact the appropriate Government department, such as the National Crime Prevention Council through their telephone number: (202) 466-6272.

The Truth About Theft By an Employee of Servant

The Truth About Theft By an Employee of Servant

Theft by an employee or a servant occurs when that individual was granted temporary permission to possess the property and failed to ever return the property. In fact, the employee had no intention of ever returning the property to the rightful owner, who is their employer. 
 
 
The employee would not be guilty of larceny while they had legal custody of the property which was granted from the rightful owner of that property. If, however, some predetermined time has passed and they still have possession of the property, they would be guilty of larceny.
 
 
In addition, if the employee transferred that property to another party, in the absence of permission form the rightful owner, they would be a party to larceny. Lastly, some property, such as payment for services, can be a part of theft even if the employer never had actual possession of the property before it was stolen.
 
 
If any employee has custody of an employer’s property and gives that property to another individual in the absence of permission from the rightful owner, they are guilty of trespassory taking of said property. In fact, that crime contains all of the necessary elements of larceny as long as the property has monetary value. 
 
 
Conversely, if an employee received property from an individual that intended that property to be delivered to an employer, the rules are different. Since the employee merely has custody of the property, they have not committed theft simply because they failed to transfer the property to the intended party.
 
 
Larceny requires trespassory taking which is not an element in that scenario. Yet, there are situations where trespassory taking does occur even when the property was not directly transferred to the the intended rightful owner or the employer. 
 
 
For example, an employee at a shop receives money for goods that belong to their employer. Normally, that money is placed in the cash register. At the end of the day, the employer takes possession of their property, which is the money. 
 
 
However, if the employee takes money out of the register, they have committed larceny because they took money that now belongs to their employer because it was exchanged for goods that were the property of the employer.
 
 
Theft from employers is a fairly common crime. Many times, the crime is petty larceny. For example, many employees take office supplies, sometimes without thinking of it as stealing. In addition, employees sometimes utilize phones to make personal calls or printers to print items that do not pertain to work.
 
 
In many companies, employee theft is a big problem. More recently, employers have begun to press charges even for small infractions in order to send a message. All of those petty larcenies add up to big losses for companies worldwide.

Larceny By Stealth Overview

Larceny By Stealth Overview

Larceny by stealth involves the perpetrator stealing the property of another person without the use of force and without being noticed. However, stealing that property must still contain the other elements of larceny in order to be prosecuted. For example, the person must be guilty of stealing the personal property with the intent to permanently prevent the owner from having possession of the property. 
For example, an individual may be guilty of petty larceny when they shoplift. Generally, shoplifting is a theft by stealth. In other words, shoplifters do not generally employ force in order to commit their crime. In fact, many cases of petty larceny involve stealth so that criminals can avoid detection and prosecution.
In many offices across the country, employees commit petty larceny by stealth on a fairly frequent basis. For example, an employee may use a postage machine in the office in order to get postage for personal mail. Obviously, the person is guilty of petty larceny, but no force was utilized to steal the company’s property. Therefore, that would be a crime of stealth.
Another example is a person that is walking down a road and notices a bike that they believe would be a great gift for a friend. They come up with a plan in order to steal the bike without being noticed. They may have an obvious intent to deprive the person of a bike, but they will not likely include the use of force in their plan. The individual does eventually commit petty larceny by stealing the bike while no one is looking and finally gives the bike to his friend.
While the perpetrator permanently deprived the person of their property and met the other factors necessary for theft, no force was utilized to deprive someone of their property. Petty larceny is often a crime of stealth in which the victim may not even immediately notice that a crime has been committed.
One of the best examples of theft by stealth is a pickpocket. In that case, the person is guilty of stealing, but the victim is not likely aware that a crime has just occurred. Usually, the victim only realizes their wallet is gone when they eventually go to reach for it. Crimes of stealth by their very nature generally include victims that are not immediately aware that any property has been stolen.
Criminals that employ stealth are swift and easily able to avoid detection while they steal property. Many times, victims of larceny by stealth find that the perpetrator will not be caught unless the perpetrator is actually observed committing a similar crime.

Facts About Larceny Charges

Facts About Larceny Charges

Larceny charges by trick include a theft that took place because of a deception perpetrated by the person that illegally obtained possession of property. Larceny by trick can occur even when the victim intends to turn over possession rights of said property. 
For example, a student may ask their parents for money for tuition. Meanwhile the child has decided not to continue their education and instead backpacks across Europe using that money for expenses. That child would be found guilty of larceny charges based on theft by trick. 
Even though the parents willingly transferred the money to the child, they did so with the belief that the money had a certain purpose.
If the child knew at the time, that they would be using the money for another purpose, they could face larceny charges. If, however, the child takes the money with the belief that they will be returning to college but later does not return, the larceny charge would be less likely. No theft has taken place if the child returns the money to the parents’ possession before it was used for any false purpose.
Larceny by trick does not include the title to property. As with other crimes of larceny, the perpetrator receives only possession of the property, not ownership. In the case of the student that borrows money after tricking their parents into believing it was for a false purpose, the child only possesses the money, they do not own it.
Larceny charges by trick would apply if the child agreed to pay the money back or if possession of that money was suppose to result in some event, such as graduation. In other words, the money is still the parents’ property even though the child takes possession of the money to use it for some purpose.
A popular example that helps distinguish larceny by trick from crimes of false pretense is a thief that steals a car after a test drive. At no time has the title of that vehicle changed hands. The thief has only taken possession of the vehicle and is, therefore, subject to larceny charges.
Theft by trick occurs frequently. In many cases, it is difficult to distinguish this crime from crimes of false pretense. In false pretense crimes, the actual title and ownership rights of a property are transferred due to the commission of fraudulent activity.
In theft by trick, the ownership of a property is not transferred. Possession of the property is acquired by tricking the owner into believing they are using that property for some purpose that is false and they could face larceny charges. In either case, the perpetrator is guilty of theft.

How Does Larceny and Robbery Relate?

How Does Larceny and Robbery Relate?

In both robbery and larceny charges, criminals intend to permanently deprive the victim of their personal property. During a robbery, the victim comes face to face with the perpetrator of the crime. In a robbery, the intent of the criminal is clear. They intend to permanently deprive the rightful owner of property from retaining possession of that property.
 
 
In a larceny charge, many of the facts of the crime remain the same. The intent of an individual facing a larceny charge is also to permanently deprive a person from possession of their property. However, larceny charges are often less serious than robbery charges because in larceny, the victim is usually not confronted by the thief.
 
 
In robbery cases, the victim often complies with the demands of the perpetrator due to threats, intimidation or actual acts of violence. In either case, the intent is the same. Both types of criminals hope to obtain property that they know does not belong to them while permanently depriving the victim of that property.
 
 
The intent to permanently deprive a victim of property does not mean that the criminal must keep possession of that property permanently. It simply means that the rightful owner of the property will be permanently deprived of that property. 
 
 
For example, a person may accidentally walk away with the incorrect luggage at a carousel. When they get home and open the bag, they notice they have taken the wrong one home with them. However, upon inspection they find that the goods inside the bag are quite pleasing to them or have some significant monetary value. 
 
 
If the person decides not to return the luggage to the rightful owner, they could face a larceny charge because they have no plans of returning that property to the rightful owner.
 
 
If, under the same circumstances, the person returns the bag to the rightful owner, no crime has been committed. Yet, if an individual was leaving an airport and a perpetrator cornered and threatened them into turning over their bag, the crime would be robbery, a more serious degree of theft.
 
 
In many types of property crimes, the intent is very similar. The perpetrator of property crime often has the intent of taking the property of someone else without ever intending to return that property to the rightful owner. However, the means of achieving the theft can vary greatly among crimes. There are, in fact, many ways that criminals achieve theft. 
 
 
In some cases, there is violence and in others the victim never even sees the criminal. In addition, some victims are not even immediately aware that a crime has taken place. Yet, all of the crimes are similar in that the victim permanently loses possession of property that rightfully belongs to them.

What You Must Know About Larceny

What You Must Know About Larceny

Larceny is a crime in which the perpetrator takes possession of a piece of property in which another individual has legitimate possession rights. The perpetrator takes possession but does not obtain ownership rights. In crimes of larceny, the main element is possession, rather than ownership. For example, a person can take possession of an item, such as a car, without taking ownership.
 
 
In contrast to crimes that involve false pretense, larceny is simply based on possession. Crimes of false pretense involve an individual that takes ownership of a personal piece of property through deception. For example, a larceny case may involve an individual that takes possession of a car in order to sell it. That individual may commit larceny by trick. In larceny by trick, they may have told the owner of the vehicle that they are taking it away in order to fix it for the owner. 
 
 
The perpetrator then attempts to sell the car. Even though the perpetrator had permission to have possession of the vehicle for some amount of time, they were not granted ownership rights of that vehicle.  In addition, the possession rights were expected to expire after a certain length of time which likely would have been the time that repairs of the car were completed. 
 
 
In false pretense cases, the perpetrator would have gained the title to the vehicle through an act of deception, which would have given them ownership rights, in addition to the rights of possession. The perpetrator may have attempted to fix the car but told the owner that the car could not be fixed. In that case, they have gained ownership of the vehicle through false pretenses. The deception in that case was telling the owner that the car was worthless. Afterwards, the perpetrator sold the vehicle, knowing that it was actually valuable personal property.
 
 
The distinction between larceny and crimes of false pretense is ownership rights versus possession rights. In larceny, the perpetrator simply permanently prevents an individual from retaining  possession of personal property. In crimes of false pretense, the rightful owner is permanently deprived of ownership of their personal property through an act of deception.  There are many similar elements in both crimes.
 
 
In larceny, the perpetrator takes or moves the valuable personal property. Property is defined as an item in which another person has ownership or possession rights of that item. In larceny, the individual simply takes possession of the item. There are many ways that perpetrators commit larceny. 
 
 
In some cases, they trick an individual into granting temporary possession rights which are later utilized to make off with the property. In other cases, criminals use stealth to deprive someone of possession of their personal property. Generally, victims of stealth larceny do not immediately realize that a crime has taken place because criminals avoid detection.
 
 
In today's businesses, theft by employees is common and that type of larceny can take on many forms. One of the most common forms of employee larceny and theft by a bailee is theft of work-related equipment. Employees may steal office equipment such as staplers and paper. A bailee also steals from employers, but does so when they are entitled to temporary possession of that property. 
 
 
For example, a trucker may have legitimate possession of produce, but if he eats it it would be considered theft by a bailee. In addition, an individual that finds property which can reasonably be assumed to have been lost or misplaced is guilty of larceny if they make no attempt to reunite that property with the person that has possession rights. If however, the property was abandoned, an individual that finds that property is legally entitled to possess it.
 
 
Asportation: 
 
 
Asportation is the carrying away or moving of a piece of property in which the person has no rights to possess or own that property.  For example, a person that moves an automobile without permission from the person that has possession rights of that vehicle is guilty of larceny. In fact, they are guilty of larceny even if they are the rightful owner of that personal piece of property if they do not have the right to possess that property. 
 
 
For example, if a person has their car impounded because they have not paid parking tickets, the police have possession rights of that vehicle. The police would likely have possession rights until the owner has made restitution for the parking tickets, the tow and the storage of that vehicle. In fact, the owner of the vehicle has likely incurred numerous financial fines in addition to the original parking tickets. Simply paying for the parking tickets alone does not grant the owner of the vehicle possession rights. If the owner were to go to the impound lot and drive away with their own vehicle, they would be guilt of larceny even if they have the title to that vehicle. Larceny is a crime against possession rights, not ownership rights.
 
 
Valuable Personal Property
 
 
In order for a person to be found guilty of larceny, the property that they took possession of must have some monetary value. That monetary value may be significant or it may be a very small value. The actual monetary value will determine if the charge is petty larceny or grand larceny. The actual value, however, does not matter in determining that the crime is larceny, as long as the item has some value. In other words, a person cannot be charged with larceny if they took some item that has no monetary value.
 
 
For instance, a person that takes garbage from the curb cannot be charged with larceny unless that garbage has some monetary value and was not actually abandoned. For example, if they find an item out on the curb where the trash is usually placed, they cannot assume that it is there to be thrown out unless it is placed with other garbage. In fact, owners of property are free to place it anywhere they wish without another person being able to assume that it has been abandoned.
 
 
However, it is very unlikely that anyone would be charged with larceny if the owner of the property chose to dispose of it with their garbage. Any reasonable person would assume that garbage has been abandoned by the person that has possession rights of that property. By putting items out for the garbage, the owner has abandoned the property and given up possession and ownership rights and any person may choose to take possession of that property.
 
 
"Of Another"–important principle
 
 
In the crime of larceny, an individual takes possession rights of a piece of property to which another person has legitimate possession rights. For example, a person may remove a bike from a park. The perpetrator would know that the bike was the property of another person, even though it was in the park with no owner in sight. The perpetrator could not legitimately assume that the bike was abandoned. If, however, the same bike was placed in a dumpster, an individual could assume that another individual has relinquished possession rights of that bike and any person could then take the bike. 
 
 
There are some occasions where it can be difficult to determine if an item has been abandoned or if an item was lost. For example, the bike near a dumpster may have been placed there by some individual other than the person that has legitimate possession rights to the bike. Perhaps some individual was angry with the owner of the bike and attempted to throw it out to gain revenge. 
 
 
In that case, the possession rights of that bike were not relinquished and a larceny has taken place. However, the individual that found the bike by the dumpster would not likely be the one charged with larceny. The person that moved the bike from the location where it was placed by the person with possession rights would be the individual that was guilty of larceny.
 
 
"Intent to permanently deprive the person entitled to possession of that possession"
 
 
An element of larceny is that the person takes possession of the piece of property with the intent of permanently depriving the rightful owner of that property. In other words, the person that takes possession of the property has no intention of returning that property to the rightful owner or to the persons with possession rights. For example, a person that borrows property, even without asking, is not guilty of larceny if they return the property.
 
 
Larceny is a crime in which the possession rights of an individual are permanently violated by the perpetrator. In other words, the individual that takes possession of the property has no intention of returning it to the person that has the legitimate right to posses it.