What Is Larceny from the Person?

January 12th, 2019

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Larceny from the Person in Massachusetts: G.L. c. 266, § 25 — Stealing from the Person or Immediate Control of Another

Larceny from the person is a distinct and more serious form of theft under Massachusetts law. Unlike ordinary larceny, which focuses primarily on the value of the property taken, larceny from the person is defined by the location of the taking—from the victim’s person or immediate area of control. It is a felony regardless of the value of the property stolen.

This expanded guide explains the elements of the offense under G.L. c. 266, § 25, the distinction from robbery and ordinary larceny, the aggravated form involving victims age 65 or older, and practical defense considerations.

The Statutory Offense

G.L. c. 266, § 25(b) provides that whoever commits larceny by stealing from the person of another shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years. Section 25(a) creates an aggravated version of the offense when the victim is sixty-five years of age or older.

The core definition is the wrongful taking of personal property from the person of another, or from the immediate area of control of another, with the intent to deprive that person of the property permanently.

Elements the Commonwealth Must Prove

To convict a defendant of larceny from the person, the Commonwealth must prove beyond a reasonable doubt:

That the defendant took and carried away property;
That the property was owned or possessed by someone other than the defendant;
That the defendant took the property from the person of the owner or from the owner’s immediate area of control while in the owner’s presence; and
That the defendant did so with the intent to deprive the owner of the property permanently.

“Taking and carrying away” is satisfied by even a slight movement of the property that transfers it from the victim’s control to the defendant’s. The taking need not be permanent in duration; the intent to deprive permanently is the key mental-state element.

Pickpocketing, Purse Snatching, and the Line with Robbery

An ordinary pickpocketing—taking property from a pocket or bag without the use of force or intimidation beyond the minimal contact necessary to obtain the item—is typically charged as larceny from the person rather than robbery. Even if the victim realizes what is happening, the absence of force or threat of force keeps the offense in the larceny category.

By contrast, snatching a purse or other item with sufficient force to overcome resistance, or in a manner that involves violence or the threat of violence, is generally treated as robbery. The distinction is fact-specific and often decisive for both charging decisions and sentencing exposure.

Value of the Property Is Irrelevant

Unlike ordinary larceny under G.L. c. 266, § 30, where the value of the property determines whether the offense is a misdemeanor or a felony, the value of the property taken is irrelevant to the classification or punishment of larceny from the person. Stealing a wallet containing a few dollars from someone’s pocket carries the same statutory maximum as stealing a high-value item.

Aggravated Offense: Victims Age 65 or Older

When the victim is sixty-five years of age or older, the offense is charged under § 25(a). The maximum penalties remain the same (up to five years in state prison or two and one-half years in the house of correction). However, a second or subsequent conviction under this subsection carries a mandatory minimum sentence of two years, with restrictions on early release, probation, and good-time credits until at least one year has been served.

Proof of the victim’s age may include the victim’s testimony, documentary evidence, or, in limited circumstances, the jury’s observation of a person of “marked extreme” age. Appearance alone is generally insufficient.

Defense Strategies

Common avenues of defense include:

Challenging whether the taking was truly “from the person” or the immediate area of control;
Contesting the element of intent to permanently deprive (for example, where the defendant claims a claim of right or temporary borrowing);
Distinguishing the conduct from robbery by emphasizing the absence of force or threat;
Examining identification evidence and the circumstances of the stop or arrest; and
Negotiating a resolution to a lesser charge of ordinary larceny when the “from the person” element is weak.

Frequently Asked Questions

Is larceny from the person always a felony?

Yes. Unlike ordinary larceny, there is no misdemeanor version based on the value of the property. The offense is punishable by up to five years in state prison regardless of value.

How is this different from unarmed robbery?

Robbery requires the use of force or the threat of force. Larceny from the person does not. A stealthy pickpocketing without force is typically larceny from the person; a purse snatch involving force is typically robbery.

Does a first offense for stealing from a person over 65 carry a mandatory minimum?

No. The mandatory minimum of two years applies to second or subsequent convictions under § 25(a). A first offense carries the same maximum penalties as the non-aggravated form.

Why Experienced Counsel Matters

Larceny from the person is a felony that can affect employment, professional licensing, and immigration status. The difference between this charge, ordinary larceny, and robbery often turns on close factual analysis of force, location, and intent. An attorney experienced in theft-related prosecutions can evaluate the strength of the “from the person” element and pursue the most favorable resolution.

Contact Criminal Defense Attorney William J. Barabino

If you or a loved one has been charged with larceny from the person, early and experienced representation is essential. The Law Office of William J. Barabino provides client-focused criminal defense throughout Massachusetts.

Call 781-393-5900 today for a confidential consultation.

Visit williambarabino.com for additional resources on theft offenses and related topics.

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