According to the Federal Bureau of Investigation (FBI) through its Uniform Crime Reporting (UCR) Program, law enforcement agencies recorded 4,645,484 larceny-theft cases in the United States during 2022, making it the most common property crime in the country.
That number isn’t just large—it’s a loud wake-up call. People face larceny charges every single day, and many don’t even realize what legally counts as larceny. Some believe larceny and theft are identical. Others think larceny is always a felony. Some assume grand larceny only happens when someone steals a car or expensive jewelry. The truth is much more detailed, and every state sets different rules.
What Is Larceny?
To understand larceny withou t confusion, let’s start with the classic legal definition used by courts for more than 100 years.
Standard Legal Definition of Larceny
Larceny is the unlawful taking and carrying away of someone else’s tangible property with the intent to permanently deprive the owner of it.
There are four essential elements:
1. Taking
The person physically takes an item.
Example: Picking up a wallet from a table.
2. Carrying Away (“Asportation”)
The property must be moved—even an inch is enough.
Example: A shoplifter lifting a $45 perfume bottle and placing it in a bag counts as carrying away.
3. Property of Another Person
The property must legally belong to someone else.
Example: Taking a neighbor’s $600 bike from a garage.
4. Intent to Permanently Deprive
Temporary borrowing isn’t larceny. Stealing with the plan to keep, sell, or destroy is.
Example:
- Keeping a coworker’s $150 headphones = larceny
- Borrowing them for 1 hour and returning them = not larceny
Examples of Larceny
There are 7 major examples of larceny recognized in everyday law:
- Shoplifting
- Stealing a $79 shirt from Walmart.
- Moving the item past the cash register is enough.
- Pickpocketing
- Taking a $120 wallet from a backpack.
- Stealing from a Home’s Exterior
- Taking a $350 lawnmower from a driveway.
- Employee Theft (Non-Violent)
- An employee puts a $29 tool in a bag and walks out.
- Stealing Lost Property
- Keeping a lost iPhone worth $899 when the owner is identifiable.
- Stealing Bicycles
- Cutting the lock on a $450 mountain bike.
- Taking Delivered Packages
- Removing a $200 Amazon package from a porch.
Each of these counts as larceny in all 50 states—even if states use slightly different wording.
The Legal Elements of Larceny Explained
To convict someone of larceny, prosecutors must prove six elements beyond a reasonable doubt:
Element 1: The property must be tangible.
Examples of tangible items includes are smartphones, cash, tools, clothing and electronics. Digital property (e.g., passwords) is often charged differently under cyber-crime statutes.
Element 2: The property must have value.
Even a value of $1 qualifies.
Element 3: The owner did not consent.
Borrowing with permission? Not larceny.
Element 4: The defendant intended to steal the item.
Intent must exist at the moment of the taking.
Element 5: The property was taken unlawfully.
The defendant had no legal right to the property.
Element 6: The property was carried away.
Movement confirms the act. Even pushing a $30 candy box off the shelf and walking with it creates “asportation.”
What Is Theft by Larceny?
Many states use the term “theft by larceny” to differentiate larceny from other theft types.
Theft by Larceny = Traditional Property Stealing
Theft by larceny means the person physically took someone’s property without permission and intended to keep it.
How It Differs From Other Theft Types?
| Theft Type | Example | Why It’s Different |
|---|---|---|
| Theft by Larceny | Taking a $220 purse from a table | Physical taking required |
| Theft by False Pretenses | Selling fake tickets for $300 | Involves deception, not physical taking |
| Embezzlement | An accountant transferring $5,000 from a business account | Property was entrusted and then misused |
| Theft by Conversion | Borrowing a car and selling it | Lawful possession first, then theft |
So, theft by larceny specifically focuses on the physical, unlawful taking of someone’s property.
Is Larceny a Felony?
There are two classifications of larceny:
1. Misdemeanor Larceny
Low-value theft—usually below $500 to $2,500 depending on the state.
2. Felony Larceny
High-value theft—usually above the state’s threshold.
When Larceny Becomes a Felony
Larceny becomes a felony when:
- The value of the stolen property exceeds the state’s felony threshold
- The item itself is classified as a felony category (e.g., firearms, vehicles, livestock, copper wiring worth $100+)
- The person has prior theft convictions in certain states (e.g., North Carolina, Alabama)
Example Using Numeric Values
Here are four examples where larceny is automatically a felony:
- Stealing a $2,800 laptop in a state with a $1,000 felony threshold
- Taking a $1,200 firearm (firearms are always felony theft in 37 states)
- Stealing a $4,500 catalytic converter
- Taking $3,900 in building materials (felony in 29 states)
Learn More: Money Laundering Definition, Charges & Penalties
Petty Larceny vs. Felony Larceny
Petty Larceny (Misdemeanor)
Applies when the value of stolen property is below the threshold.
Examples:
- $45 headphones
- $129 jacket
- $82 groceries
Penalties may include:
- 30–180 days in jail
- Fines between $100 and $1,000
- Restitution
- Community service
Felony Larceny
Applies when the value exceeds the state threshold.
Examples:
- $3,400 watch
- $8,900 construction tools
- $2,200 bicycle
Penalties may include:
- 1–20 years in prison
- Fines up to $15,000
- Long-term probation
- Permanent felony record
Why Intent Matters More Than the Value?
Courts care deeply about intent.
Case Example
– A person takes a $2,500 camera “to borrow it” and returns it later → Not larceny
– A person takes a $100 item intending to sell it → Larceny
The value affects the penalty, but intent affects the charge itself.
What Is Grand Larceny?
According to the U.S. Department of Justice (DOJ), grand larceny is classified as a property crime involving theft above a state-defined value threshold.Grand larceny is not a vague term; it has specific numeric value requirements. Each state sets its own minimum value, ranging from $500 at the lowest to $2,500 at the highest.
Grand Larceny Definition
“Grand larceny occurs when someone unlawfully takes another person’s property worth more than the state’s felony threshold, intending to permanently deprive the owner.” This crime is always a felony, never a misdemeanor.
Grand Larceny Includes Several Examples
There are major examples of grand larceny involving high-value items: Stealing a $3,800 Rolex watch, Taking a $6,500 designer handbag, Removing a $12,000 motorcycle, Stealing $14,500 in construction tools, Taking an $8,900 diamond ring, Stealing a $2,200 firearm (in many states), Removing a $3,200 catalytic converter, Stealing a $5,800 industrial generator, Taking $11,000 in copper wiring, Stealing a $9,800 bicycle, Removing $7,100 worth of electronics from a warehouse and Taking a $4,200 computer server. All examples meet felony-level thresholds in most states.
Grand Larceny Elements
Grand larceny requires proof of the same elements as standard larceny, plus one extra factor:
The Value Must Exceed the Felony Threshold
Example:
– If a state threshold is $1,000 → Stealing a $1,050 laptop qualifies.
– If the threshold is $2,500 → The same $1,050 laptop is only a misdemeanor.
Grand Larceny by Degrees
Some states categorize felony larceny into degrees, usually 4 levels:
New York Example:
- 4th Degree: Over $1,000
- 3rd Degree: Over $3,000
- 2nd Degree: Over $50,000
- 1st Degree: Over $1,000,000
Example:
Stealing $55,000 in electronics → Grand larceny in the 2nd degree.
State-by-State Larceny Felony Threshold
Below is a simplified but precise table showing felony larceny thresholds across all 50 states. Values indicate when larceny becomes a felony.
| State | Felony Threshold |
|---|---|
| Alabama | $1,500 |
| Alaska | $1,000 |
| Arizona | $1,000 |
| Arkansas | $1,000 |
| California | $950 |
| Colorado | $2,000 |
| Connecticut | $2,000 |
| Delaware | $1,500 |
| Florida | $750 |
| Georgia | $1,500 |
| Hawaii | $750 |
| Idaho | $1,000 |
| Illinois | $500 |
| Indiana | $750 |
| Iowa | $1,000 |
| Kansas | $1,500 |
| Kentucky | $1,000 |
| Louisiana | $1,000 |
| Maine | $1,000 |
| Maryland | $1,500 |
| Massachusetts | $1,200 |
| Michigan | $1,000 |
| Minnesota | $1,000 |
| Mississippi | $1,000 |
| Missouri | $750 |
| Montana | $1,500 |
| Nebraska | $1,500 |
| Nevada | $1,200 |
| New Hampshire | $1,500 |
| New Jersey | $200 (one of the lowest) |
| New Mexico | $500 |
| New York | $1,000 |
| North Carolina | $1,000 |
| North Dakota | $1,000 |
| Ohio | $1,000 |
| Oklahoma | $1,000 |
| Oregon | $1,000 |
| Pennsylvania | $2,000 |
| Rhode Island | $500 |
| South Carolina | $2,000 |
| South Dakota | $1,000 |
| Tennessee | $1,000 |
| Texas | $2,500 |
| Utah | $1,500 |
| Vermont | $900 |
| Virginia | $1,000 |
| Washington | $750 |
| West Virginia | $1,000 |
| Wisconsin | $2,500 |
| Wyoming | $1,000 |
This table will help readers immediately compare their state’s threshold.
Grand Larceny Penalties
Penalties vary, but there are 5 key punishment categories:
1. Prison Time
Ranges from 1 year to 25 years, depending on value and state laws.
Examples:
- New York grand larceny 4th degree → 4 years max
- Virginia grand larceny → 20 years max
- Florida grand theft over $20,000 → 15 years max
2. Fines
Range from $1,000 to $25,000.
3. Restitution
Courts order the defendant to repay the full value of the stolen property.
4. Probation
Often lasts 3–5 years.
5. Long-Term Consequences
Felony conviction affects:
- Employment
- Housing
- Immigration
- Voting rights (in some states)
- Firearm ownership
Common Defenses Against Larceny Charges
There are 7 major defenses lawyers use:
- Lack of Intent
- Mistaken Ownership Claim
- Consent From the Owner
- Property Was Not Taken or Moved
- Property Has No Proven Value
- Identity Mistake
- Entrapment
Example:
A person takes a $150 drill that they believe belongs to them → no criminal intent.
How Prosecutors Prove Value (Important for Grand Larceny)?
Prosecutors must prove exact value, using:
- Receipts
- Online price listings
- Owner testimony
- Professional appraisers
Example:
If prosecutors claim an item is worth $1,100 but the defense proves it’s only worth $900, the charge drops from a felony to a misdemeanor.
Conclusion
Grand larceny is one of the most serious theft crimes in the United States. Once the value crosses the felony threshold, the consequences escalate quickly—prison time, heavy fines, restitution, and a lifelong criminal record.
Understanding the differences between larceny, theft by larceny, petty larceny, and grand larceny helps people protect their rights, handle legal situations smarter, and avoid misunderstandings that lead to serious charges.
FAQs
What is the exact difference between theft and larceny?
Larceny is a type of theft involving physically taking property. Theft includes many categories: embezzlement, fraud, larceny, conversion.
Can you go to jail for petty larceny?
Yes. Jail sentences range from 30 to 180 days, depending on the state.
What value makes larceny a felony?
Between $200 and $2,500, depending on the state.
Is shoplifting always larceny?
Yes, shoplifting is larceny in all states.
Is grand larceny worse than grand theft?
They mean the same thing; states simply use different wording.
Can grand larceny be expunged?
Some states allow it after 5–10 years, but many states prohibit felony expungement.
What items automatically count as felony theft?
Firearms, vehicles, credit cards, livestock, and controlled substances.
Does returning the property drop the charge?
Returning the item does not erase the crime but may reduce penalties.
How long does a grand larceny charge stay on a record?
For life, unless expunged.
Can a minor be charged with grand larceny?
Yes, but cases often go through juvenile courts.
Is intent the most important element?
Yes. Without intent to permanently deprive, larceny cannot be proven.
Can borrowing be mistaken for larceny?
Yes, but if the borrower plans to keep the item, it becomes larceny.
