Created by FindLaw's team of legal writers and editors | Last reviewed March 26, 2018
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The crime of larceny 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; 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.
Learn more about New York's laws prohibiting larceny in the table below.
| Statutes | Penal Code Section 155.00 et seq. |
| Elements of Larceny | The accused, when stealing the property, had the specific intent to either:
|
| Statutory Definition of "Property" | 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. *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. |
| Defenses |
|
| Petit Larceny: Classification and Penalties | Class A misdemeanor; up to 1 year in prison, fine of up to $1,000 |
| Grand Larceny: Classification and Penalties |
*Fines are typically double the value of the property taken or $5,000, whichever is greater Note: Check the statute for additional conditions that may give rise to a particular charge. |
Note: State laws are constantly changing -- please contact a New York criminal attorney or conduct your own legal research to verify the state law(s) you are researching.
Section 155.05 enumerates the eight recognized methods for committing larceny. The first four variations are those historically recognized as larceny:
The latter four variations are more modern derivatives of the offense:
If the prosecution cannot establish that the defendant employed one of the aforementioned means to commit the crime, no conviction may be obtained.
Depending on the value of the property allegedly stolen, prior offenses on your record, the underlying circumstances of the incident, and other details, you may be facing several years in prison for a larceny conviction. Your best bet to fight the charges is to get in touch with an experienced criminal defense attorney in New York who will be able to evaluate your case and let you know the defenses available to you.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many New York attorneys offer free consultations.