Larceny by Stealing in Massachusetts (G.L. c. 266, § 30): Elements, Penalties, and Defenses

Larceny is the Massachusetts word for theft. Under G.L. c. 266, § 30, it covers three kinds of conduct: stealing, getting property by a false pretense, and embezzlement. This post covers the first and most common kind, larceny by stealing. Whether the charge is a misdemeanor or a felony depends mostly on the value of the property, with $1,200 as the dividing line. District Court Instruction 8.520 sets out what the Commonwealth must prove beyond a reasonable doubt.

What the Law Covers

Section 30(1) makes a person guilty of larceny if they steal the property of another, obtain it by a false pretense with intent to defraud, or embezzle it. Embezzling means converting or hiding property with intent to steal it. All three are charged as "larceny," but each has different elements, and the jury must be told which theory applies.

"Property" is defined broadly in § 30(2). It includes money, personal belongings, bank notes and other financial papers, deeds, contracts, public records, rental security deposits, electronically stored data and data in transit, telecommunications services, and domesticated animals, including dogs.

What the Commonwealth Must Prove

Under Instruction 8.520, the Commonwealth must prove three things beyond a reasonable doubt:

1. Took and carried away property. You moved the property from the other person's control to your own. Even slight movement or a brief transfer is enough.
2. The property belonged to someone else. It was owned or possessed by someone other than you. The Commonwealth doesn't have to prove exactly who owned it, only that you did not.
3. Intent to deprive permanently. You meant to keep the owner from getting the property back for good. This can be inferred from the circumstances. For example, getting rid of the property with no concern for whether the owner ever recovers it can support that inference.

If the Commonwealth fails to prove any one of these, the verdict must be not guilty. Read more about criminal intent.

Value: Why $1,200 Matters

If the jury convicts, it must also decide whether the Commonwealth proved beyond a reasonable doubt that the property was worth more than $1,200. Jurors may use their general knowledge to judge value; expert testimony is not required. When several takings were part of a single, continuing plan to steal, the values may be added together to reach the $1,200 threshold, but only if the Commonwealth proves that single scheme beyond a reasonable doubt.

Penalties

The maximum penalties under § 30 are:

• Value of $1,200 or less (not a firearm): up to 1 year in jail or a fine of up to $1,500. This is a misdemeanor.
• Value over $1,200, or any firearm: up to 5 years in state prison, or a fine of up to $25,000 and up to 2 years in jail. This is a felony.
• Owner 60 or older or a person with a disability, value over $250 (§ 30(5)): up to 10 years in state prison or 2½ years in a house of correction, a fine of up to $50,000, or both.
• Owner 60 or older or a person with a disability, value $250 or less: up to 2½ years in a house of correction, a fine of up to $1,000, or both.

Under § 30(5), the court may also order restitution to the victim regardless of the property's value.

Defenses

• Claim of right: if you took the property in an honest belief that you had a legal right to it, you must be found not guilty, even if that belief was mistaken.
• Abandoned property: if you honestly believed the property had been abandoned, the Commonwealth must prove you did not hold that belief.
• No intent to keep it: borrowing or using property and meaning to return it is not larceny by stealing. Note, though, that planning to pay the owner back later is not a defense.
• Value: if the Commonwealth can't prove the value was over $1,200, the charge stays a misdemeanor.
• Identification: the Commonwealth must prove you were the person who took it.

Why a Lawyer Matters

Larceny cases often turn on intent and value: what you meant to do with the property, whether you believed you had a right to it, and what it was actually worth. Those questions can be the difference between a not guilty, a misdemeanor, and a felony. I have defended criminal cases for 23 years. If you have been charged with larceny, call 781-393-5900.

Related Charges

• Shoplifting (G.L. c. 266, § 30A): the separate charge for taking store merchandise.
• Larceny from the person (G.L. c. 266, § 25): stealing from someone's body or immediate control.
• Larceny by check (G.L. c. 266, § 37): paying with a check you know won't clear.
• Use of a motor vehicle without authority: using a vehicle without permission, without intent to keep it.
• Breaking and entering: often charged along with larceny.

Disclaimer

This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.