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Theft and larceny

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Key facts: Theft is the taking of another's property with intent to deprive the owner of it, and is typically split into petty theft (lower value, misdemeanor) and grand theft (higher value, felony or misdemeanor depending on the jurisdiction).[1]

Theft, also called larceny, is the taking of another person's personal property with the intent of depriving that person of its use.[1]It is a crime at common law that refers to the illegal taking of the property of another with intent to deprive the owner of it.[2]Theft is often divided into petty theft and grand theft, with the dividing line set by each state's statute.[1]

Definition

Theft is the taking of another person's personal property with the intent of depriving that person of the use of their property, and the term is often used interchangeably with larceny.[1]Larceny, as understood at common law, refers to the illegal taking of the property of another with intent to deprive the owner of it.[2]Most states impose some kind of monetary value requirement for the property taken when determining how the offense is charged.[2]For background on how courts analyze the building blocks of any offense, including theft, see elements of a crime.

Elements of larceny

To convict a defendant of larceny, most states require proof that stolen property met a certain monetary value, since that value often determines whether the offense is charged as a felony or a misdemeanor.[2]In one example from the sources, a state's highest court held that larceny is a lesser included offense of armed robbery, and that to convict of felony larceny the prosecution had to prove beyond reasonable doubt that the value of the stolen property exceeded the statutory threshold, or the offense could be punished only as a misdemeanor.[2]The required mental state—intent to deprive the owner of the property—is a central element, and readers can learn more about mental-state requirements generally at mens rea (the guilty mind).

Petty theft and grand theft

Theft is often divided into grand theft and petty theft, with the distinction usually based on the value of the goods stolen.[1]If the value of the stolen goods exceeds an amount set by the state's statute, the crime may be elevated to grand theft.[1]The type of property stolen can also affect the classification; for example, one state's penal code defines grand theft as theft where the value of stolen goods exceeds a set dollar amount, or where an automobile or firearm is taken, among other categories of property.[1]Under that same code, petty theft is defined simply as theft that does not qualify as grand theft.[1]Grand theft may be charged as a felony or a misdemeanor depending on the severity of the theft and the jurisdiction, while petty theft is generally treated as a misdemeanor.[1]For a broader explanation of how offenses are classified by severity, see felony vs misdemeanor vs infraction.

Embezzlement and false pretenses

Embezzlement is the fraudulent taking of personal property by someone to whom it was entrusted, and it most often involves the misappropriation of money.[3]It can occur whether the defendant keeps the property or transfers it to a third party.[3]Embezzlement developed historically because some thefts could not meet the elements of larceny, since the person taking the property already had a right to possess it, meaning prosecutors could not prove a trespassory taking.[3]Instead, proving embezzlement generally requires showing that the person had possession of goods or funds because of their job position, or had authority to exercise substantial control over them, with courts weighing job title, job description, and company practices.[3]Some states also have fraudulent conversion statutes that criminalize conduct falling between larceny and embezzlement.[3]Methods of embezzlement vary: some offenders take small amounts over time, while others take a large sum in a single instance.[3]The Internal Revenue Service requires embezzlers to report embezzled funds as income, and failing to do so can lead to tax evasion charges, though paying restitution can make the embezzler eligible for a tax deduction.[3]Embezzlement is often discussed alongside other white-collar crimes.

Theft vs robbery vs burglary

Robbery is the unlawful taking of the property of another by violent force or the threat of such force, with the intent to permanently deprive the owner of it, and because it involves violence or its threat, it is treated as more serious than larceny, which does not require force.[4]The elements of robbery generally include taking property from a person or in their presence, by violent force or threat of force, with intent to deprive them of it permanently, though these elements can vary by jurisdiction.[4]Some states, such as Florida, treat the offense as robbery even where the intent was only to deprive the owner of the property temporarily rather than permanently.[4]Many states also grade robbery into higher categories, such as aggravated or armed robbery, when greater violence is involved.[4]Burglary is a different offense that criminalizes illegally entering a building with the intent to commit a crime inside, though exact definitions vary by jurisdiction and some require the underlying intended offense to be a felony.[5]Under the Model Penal Code, burglary is entering a building or structure with intent to commit a crime there, unless the building is open to the public at the time, and unlike many common-law versions, it does not require the entry to occur at night.[5]These offenses are grouped among other violent crimes and property crimes depending on their elements.

Penalties

Penalties for theft offenses depend heavily on how the conduct is classified. Grand theft may be charged as a felony or a misdemeanor depending on the severity of the theft and the jurisdiction, while petty theft is typically charged as a misdemeanor.[1]Felony larceny likewise depends on the value of the property taken exceeding a statutory threshold, with lower-value takings punished only as misdemeanors.[2]Because classification and sentencing ranges vary widely by state, readers can review general sentencing concepts at criminal sentencing and the distinction between offense categories at felony vs misdemeanor vs infraction. Anyone facing a theft-related charge may want to review Charged with a crime? Start here for general guidance on the criminal process.

Common questions

What is the difference between petty theft and grand theft?

The difference generally turns on the value of the property stolen, with amounts above a state's statutory threshold charged as grand theft and lower amounts charged as petty theft.[1]The type of property can also matter; some states treat theft of certain items, such as automobiles or firearms, as grand theft regardless of value.[1]Grand theft may be a felony or misdemeanor depending on severity and jurisdiction, while petty theft is generally a misdemeanor.[1]

How is embezzlement different from theft?

Embezzlement involves the fraudulent taking of property that was entrusted to the defendant, such as by an employer, whereas larceny requires a trespassory taking of property the defendant had no right to possess.[3]Because the embezzler often already had lawful possession of the funds or goods, prosecutors cannot prove the trespassory taking that larceny requires, so embezzlement developed as a separate offense.[3]Embezzlement can be proven by showing the defendant had possession through their job position or had substantial control over the property.[3]

What is the difference between robbery, burglary and theft?

Theft or larceny is simply the taking of another's property with intent to deprive the owner of it, without any requirement of force.[1][2]Robbery is a more serious offense because it involves taking property from a person or their presence using violent force or the threat of force.[4]Burglary is different still, criminalizing the act of illegally entering a building with the intent to commit a crime inside, regardless of whether anything is ultimately taken.[5]

Does intent to permanently deprive the owner always matter?

Under common-law robbery definitions, the intent generally must be to deprive the owner of property permanently.[4]Some states depart from this; for example, Florida law treats the offense as robbery even if the intent was only to deprive the owner of the property temporarily.[4]

Can someone be charged with attempted embezzlement?

Yes, the government can charge individuals with attempted embezzlement in addition to completed embezzlement.[3]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i j k l m n o p q "Theft (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h "Larceny (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  3. ^ a b c d e f g h i j k l "Embezzlement (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  4. ^ a b c d e f g h "Robbery (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  5. ^ a b c "Burglary (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.