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larceny    音标拼音: [l'ɑrsəni]
n. 盗窃罪

盗窃罪

larceny
n 1: the act of taking something from someone unlawfully; "the
thieving is awful at Kennedy International" [synonym:
{larceny}, {theft}, {thievery}, {thieving}, {stealing}]

Larceny \Lar"ce*ny\, n.; pl. {Larcenies}. [F. larcin, OE.
larrecin, L. latrocinium, fr. latro robber, mercenary, hired
servant; cf. Gr. (?) hired servant. Cf. {Latrociny}.] (Law)
The unlawful taking and carrying away of things personal with
intent to deprive the right owner of the same; theft. Cf.
{Embezzlement}.
[1913 Webster]

{Grand larceny} & {Petit larceny are} distinctions having
reference to the nature or value of the property stolen.
They are abolished in England.

{Mixed larceny}, or {Compound larceny}, that which, under
statute, includes in it the aggravation of a taking from a
building or the person.

{Simple larceny}, that which is not accompanied with any
aggravating circumstances.
[1913 Webster]

LARCENY, crim. law. The wrongful and fraudulent taking and carrying away, by
one person, of the mere personal goods, of another, from any place, with a
felonious intent to convert them to his, the taker's use, and make them his
property, without the consent of the owner. 4 Wash. C. C. R. 700.
2. To constitute larceny, several ingredients are necessary. 1. The
intent of the party must be felonious; he must intend to appropriate the
property of another to his own use; if, therefore, the accused have taken
the goods under a claim of right, however unfounded, he has not committed a
larceny.
3.-2. There must be a taking from the possession, actual or implied,
of the owner; hence if a man should find goods, and appropriate them to his
own use, he is not a thief on this account. Mart. and Yerg. 226; 14 John.
294; Breese, 227.
4.-3. There must be a taking against the will of the owner, and this
may be in some cases, where he appears to consent; for example, if a man
suspects another of an intent to steal his property, and in order to try him
leaves it in his way, and he takes it, he is guilty of larceny. The taking
must be in the county where the criminal is to be tried. 9 C. & P. 29; S. C.
38 E. C. L. R. 23; Ry. & Mod. 349. But when the taking has been in the
county or state, and the thief is caught with the stolen property in another
county than that where the theft was committed, he may be tried in the
county where arrested with the goods, as by construction of law, there is a
fresh taking in every county in which the thief carries the stolen property.
5.-4. There must be an actual carrying away, but the slightest
removal, if the goods are completely in the power of the thief, is
sufficient to snatch a diamond from a lady's ear, which is instantly dropped
among the curls of her hair, is a sufficient asportation or carrying away.
6.-5. The property taken must be personal property; a man cannot
commit larceny of real estate, or of what is so considered in law. A
familiar example will illustrate this; an apple, while hanging on the tree
where it grew, is real estate, having never been separated from the
freehold; it is not larceny, therefore, at common law, to pluck an apple
from the tree, and appropriate it to one's own use, but a mere trespass; if
that same apple, however, had been separated from the tree by the owner or
otherwise, even by accident, as if shaken by the wind, and while lying on
the ground it should be taken with a felonious intent, the taker would
commit a larceny, because then it was personal property. In some states
there are statutory provisions to punish the felonious taking of emblements
or fruits of plants, while the same are hanging by the roots, and there the
felony is complete, although the thing stolen is not, at common law,
strictly personal property. Animals ferae naturae, while in the enjoyment of
their natural liberty, are not the subjects of larceny; as, doves; 9 Pick.
15; Bee. 3 Binn. 546. See Bee; 5 N. H. Rep. 203. At common law, choses in
action are not subjects of larceny. 1 Port. 33.
7. Larceny is divided in some states, into grand and petit larceny this
depends upon the value of the property stolen. Vide 1 Hawk, 141 to 250, ch.
19; 4 Bl. Com. 229 to 250; Com. Dig. Justices, O 4, 5, 6, 7, 8; 2 East's P.
C. 524 to 791; Burn's Justice, Larceny; Williams' Justice, Felony; 3
Chitty's Cr. Law, 917 to 992; and articles Carrying Away; Invito Domino;
Robbery; Taking; Breach, 6.


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  • Whats the difference between larceny and shoplifting? - Legal Answers
    Larceny is the legal term for theft Shoplifting is one way it can be committed You are likely charged with Larceny 6 That is a crime and does carry a possible jail sentence If it is in fact your first criminal charge, there are ways to avoid the jail You should contact an attorney and refrain from discussing the facts of the case with anyone but an attorney
  • How much jail time for a person found guilty of grand larceny 3rd . . .
    How much jail time for a person found guilty of grand larceny 3rd degree? If a person was given a plea deal of 6 months and refused it in order to go to trial, what would likely be there sentenced if found guilty? First time offender and about 30-40k stolen
  • Charged with BREAKING AND OR ENTERING (F). LARCENY AFTER BREAK ENTER . . .
    Charged with BREAKING AND OR ENTERING (F) LARCENY AFTER BREAK ENTER SAFECRACKING what kind of sentencing am I looking at?
  • Will I go to jail for a first offence petit larceny? - Legal Answers
    Now let us discuss it: Petit larceny is a Class 1 Misdemeanor - jail time of one year is the maximum penalty (along with up to $2500 in fines) It is a crime of moral turpitude However, this does not necessarily indicate jail time will be given by the Judge
  • Larceny - Questions about Larceny on JustAnswer.
    Larceny Questions What is larceny? When a person acquires personal property of another person in a wrongful manner, this is considered larceny The offense of larceny came into being under the common law of England and became an offense in the jurisdictions that incorporated the common laws that England set forth, as their own
  • What is attempted grand larceny in ny - Legal Answers
    What is attempted grand larceny in nyAttempted Grand Larceny is trying to steal something valued at more than $1,000 If the larceny is an E felony, it gets knocked down to an A misdemeanor on an "atempt " You do not need to pass the registers to be liable All that is required for the criminal "act" is to treat the property inconsistently with the store's ownership prior to paying (e g
  • Is there a statute of limitation to prosecute for grand larceny - Legal . . .
    The simple answer is, probably not Depending on the amount taken, Grand Larceny can be anywhere from an E Felony to a B Felony Therefore the statute of limitations will be five years However, if the value of the property is less than $1000, it is a misdemeanor and the statute of limitations is two years
  • What are the chances of facing jail time for larceny if its my first . . .
    If you are charged with larceny over $250 00 it is a felony in Massachusetts That being said, it sounds as if all the property was returned and you admitted to what had happened I would suggest you contact a lawyer prior to going to court They may be able to negotiate that the charges be reduced to larceny under $250 (a misdemeanor) or of it is scheduled for a show cause hearing, thy the
  • First time grand larceny - Legal Answers - Avvo. com
    The three lesser offenses, Grand Larceny in the the 4th, 3rd and 2nd Degree, do not require a mandatory term of incarceration as a matter of law for a first time offender
  • Michigan statue of limitations for larceny? - Legal Answers
    Michigan statue of limitations for larceny?Statute of Limitations only applies for how long after the original alleged offense occurs that they can charge you with a crime Many times what happens is that they charge you with a crime shortly after the incident, and you never know about it If there is a bench warrant out for you, and that warrant has been out for a long time, that is not





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