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.
The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent and without intending to return it.
Etymology
The word "larceny" is a late Middle English word, from the French word larcin, "theft". Its probable Latin root is latrocinium, a derivative of latro, "robber" (originally mercenary).
By nation
Australia
New South Wales
In the state of New South Wales, the common law offence of larceny is punishable with up to 5 years' imprisonment. Whilst section 117 of the New South Wales Crimes Act (1900) specifies the punishment for larceny, it is silent on the elements of the offence, leaving them to be articulated by the common law. The leading authority on larceny in NSW is the High Court of Australia case of Ilich v R (1987). This case stipulates the mens rea and actus reus elements required to be proven by the prosecution for a successful conviction.
Ireland
The common law offence of larceny was abolished on 1 August 2002. However, proceedings for larceny committed before its abolition are not affected by this.
United Kingdom
England and Wales
The common law offence of larceny was codified by the Larceny Act 1916. It was abolished on 1 January 1969, for all purposes not relating to offences committed before that date. It has been replaced by the broader offence of theft under section 1(1) of the Theft Act 1968. This offence did incorporate some of the terminology and substance of larceny. Despite the offence's being abolished in England, it has been retained in the Crown Dependency of Jersey.
Northern Ireland
The common law offence of larceny was abolished on 1 August 1969, for all purposes not relating to offences committed before that date. It has been replaced by the broader offence of theft under section 1(1) of the Theft Act (Northern Ireland) 1969.
United States
Larceny laws in the United States have their roots in common law, pursuant to which larceny involves the trespassory taking (caption) and carrying away (asportation, removal) of the tangible personal property of another with the intent to permanently deprive the owner of its possession. Larceny is now codified as a statutory crime in all U.S. jurisdictions.
Under many states' larceny statutes, including California, larceny can include the taking of "money, labor, or real or personal property."
Elements
Possession versus custody
Larceny is a crime against possession. Furthermore, it has two elements which must be met: the actual taking of the property, even if momentarily (actus reus), and the culpable intent to deprive another of their property (mens rea). Larceny involves the trespassory taking of property from possession of another, with the intent to permanently deprive the owner of that property. To understand larceny, one must understand the distinction between custody and possession.
A person has possession of property when he has actual physical control over the property (actual possession) or he has the right to exercise considerable control over the disposition or use of the property (constructive possession). A person has custody if he has actual physical control of the property, but the person who has constructive possession has substantially restricted the custodian's right to use the property.
Examples of custody would be a store customer examining the goods of a merchant, or an employee who has been given the property of his employer to be used in his employment. This is to be contrasted to, for example, a person who has obtained actual possession of the property by fraud.
Ancient Roman law (first 50 years of written University law, possibly borrowing from Greek law there is no copy of) was more lax about "simple possession"; it was assumed "borrowing" if there was no one to ask: unless or until other factors arose (such as refusal to return promptly when asked).