{"id":375282,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-larceny-laws.html"},"modified":"2018-03-26T18:34:17","modified_gmt":"2018-03-26T23:34:17","slug":"new-york-larceny-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-larceny-laws.html","title":{"rendered":"New York Larceny Laws"},"content":{"rendered":"\n
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New York Larceny Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The crime of larceny<\/a> occurs when someone takes another’s property (without the use of force) with the intention of depriving the rightful owner of that property either permanently or for a significant amount of time. Practically speaking, larceny is the same as common theft<\/a>; the term itself is rooted in English common law. New York is one of a handful of states that still use the term larceny for what is commonly referred to as theft.<\/p>\n

New York Larceny Laws at a Glance<\/h2>\n

Learn more about New York’s laws prohibiting larceny in the table below.<\/p>\n\n
Statutes<\/b><\/td>\n

Penal Code Section 155.00<\/a> et seq.<\/p>\n<\/td>\n<\/tr>

Elements of Larceny<\/b><\/td>\n

The accused, when stealing the property, had the specific intent to either:<\/p>\n

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  1. Cause the property to be withheld from its owner permanently or for such an extended period as to significantly decrease its worth or benefit; or<\/li>\n
  2. To exercise control over the property (or enable a third person to do so) permanently or for such an extended period as to reap the major portion of its worth or benefit.<\/li>\n<\/ol>\n<\/td>\n<\/tr>
Statutory Definition of "Property"<\/b><\/td>\n

Any money, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value*, including any gas, steam, water or electricity, which is provided for a charge or compensation.<\/p>\n

*Value of the property is determined by its market value at the time and place of the crime, or the cost of replacement of the property within a reasonable time after the crime.<\/p>\n<\/td>\n<\/tr>

Defenses<\/b><\/td>\n
Petit Larceny: Classification and Penalties<\/b><\/td>\n

Class A misdemeanor; up to 1 year in prison, fine of up to $1,000<\/p>\n<\/td>\n<\/tr>

Grand Larceny: Classification and Penalties<\/b><\/td>\n