You’ve been charged with larceny, or someone in your family has. Larceny is the legal word for theft. Being accused of stealing hits hard, whether it’s about a phone, money at work, or something bigger. Here’s what the law actually says, in plain words.
This post covers what the law says, how people end up charged, what the Commonwealth has to prove, the penalties, how larceny differs from shoplifting and use without authority, and where a defense comes from.
What the Larceny Law Says
Larceny is stealing someone else’s property, and Massachusetts puts three kinds of theft under that one name.
The law is G.L. c. 266, § 30(1). It says a person “shall be guilty of larceny” if they do any of these to “the property of another”:
- Steal it. This is what most people think of as theft: taking something that isn’t yours.
- Get it by a false pretense. The law’s words are “with intent to defraud obtains by a false pretence.” In plain words, you get someone to hand over property by lying to them.
- Embezzle it. The law covers whoever, “with intent to steal or embezzle, converts, or secretes with intent to convert” property. To “convert” means to treat someone else’s property as your own. To “secrete” means to hide it.
This post is mostly about the first kind, larceny by stealing. The Supreme Judicial Court has explained that these “three formerly separate crimes have been merged into the one crime of larceny” (Commonwealth v. Mills, 436 Mass. 387, 392 (2002)).
What “Property” Means
The law’s list of “property” is broad.
Section 30(2) says “property” includes money, “personal chattels” (everyday belongings you can move), bank notes, bonds, promissory notes and other financial papers, deeds, contracts, public records, a rental security deposit, “electronically processed or stored data, either tangible or intangible,” “data while in transit,” “telecommunications services,” and “any domesticated animal, including dogs.”
How People End Up Facing This Charge
Most larceny cases grow out of ordinary situations at home, at work, or in public.
- Someone picks up a phone or wallet left on a table and keeps it. The law covers whoever “steals” the property of another.
- An employee takes cash from the register or moves company money into a personal account. That fits the law’s words about whoever “converts” property “with intent to steal or embezzle.”
- A roommate or relative takes someone’s jewelry or electronics and sells them. That’s property of another, taken and kept.
- Someone tells a buyer a fake story to get paid for something they never deliver. The law covers whoever “obtains by a false pretence” with intent to defraud.
- A caretaker takes money from an older person’s account. Section 30(5) sets higher penalties when the owner is 60 or older or has a disability.
- Someone takes a bike, tools, or a package from outside a home. Those are “personal chattels” under the law’s list of property.
What the Commonwealth Must Prove
For larceny by stealing, the Commonwealth (the state, through the prosecutor) has to prove three things beyond a reasonable doubt.
Section 30 uses the word “steals” but doesn’t define it. The Supreme Judicial Court has said the Commonwealth must prove the “unlawful taking and carrying away of the personal property of another with the specific intent to deprive the person of the property permanently” (Commonwealth v. Mills, 436 Mass. 387, 394 (2002)). That breaks down to:
- You took and carried away property. You moved it out of the owner’s control;
- The property belonged to someone else. It wasn’t yours; and
- You meant to keep it from the owner for good. “Specific intent to deprive the person of the property permanently” means you planned for the owner never to get it back.
An element is one required piece of the crime. If the Commonwealth can’t prove any one of them, you can’t be convicted. For the higher penalties, it also has to prove the property’s value was over $1,200, or that it was a firearm. Read more about criminal intent and proof beyond a reasonable doubt.
Penalties for Larceny
The penalty depends mostly on the value of what was taken, with $1,200 as the dividing line.
If the property is worth $1,200 or less (and isn’t a firearm):
- Up to 1 year in jail, or
- A fine of up to $1,500.
If the property is worth more than $1,200, or it’s a firearm:
- Up to 5 years in state prison, or
- A fine of up to $25,000 and up to 2 years in jail.
If the owner is 60 or older or has a disability, § 30(5) sets different penalties:
- Over $250: up to 10 years in state prison or up to 2½ years in the house of correction, or a fine of up to $50,000, or both.
- $250 or less: up to 2½ years in the house of correction, or a fine of up to $1,000, or both.
Under § 30(5), the court may also order restitution, which means paying the victim back, “regardless of the value of the property.” These are the maximums the legislature set.
Felony or Misdemeanor?
Larceny can be a felony or a misdemeanor, depending on the value and who owned the property.
Under G.L. c. 274, § 1, “a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” So:
- Larceny of $1,200 or less is a misdemeanor.
- Larceny of more than $1,200, or of a firearm, is a felony.
- Larceny from a person 60 or older or with a disability is a felony when the value is over $250.
Read more about the difference between misdemeanors and felonies.
How Larceny Is Different From Shoplifting
Shoplifting is its own crime, and for lower-value store thefts it replaces the larceny law.
- What it covers. Shoplifting (G.L. c. 266, § 30A) covers only a store’s merchandise and shopping carts. It also reaches acts like hiding goods and switching price tags.
- Under $250. Section 30A says that when the retail value is less than $250, it applies “to the exclusion of section thirty.” So a store theft under $250 falls under shoplifting, not larceny.
- Penalties. A first shoplifting offense under $250 carries a fine of up to $250. Shoplifting is never a felony, because it has no state prison term.
How Larceny Is Different From Use Without Authority
The big difference is whether you meant to keep the property for good.
- Larceny requires the intent to deprive the owner of the property permanently.
- Use without authority (G.L. c. 90, § 24(2)(a)) covers using a motor vehicle without authority, knowing the use isn’t authorized. The statute has no intent-to-keep language.
- Stealing a car is a separate crime under G.L. c. 266, § 28, not § 30.
Related Charges
Other theft charges can come up instead of, or along with, larceny under § 30.
- Larceny from the person (G.L. c. 266, § 25(b)): 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, with intent to defraud.
- Motor vehicle larceny (G.L. c. 266, § 28): stealing a car or trailer, or receiving one “knowing or having reason to know” it was stolen.
- Receiving stolen property (G.L. c. 266, § 60): buying, receiving, or helping hide property you know was stolen.
- Breaking and entering (G.L. c. 266, §§ 16, 18): breaking and entering a building or vehicle “with intent to commit a felony,” whether or not anything is taken.
Where a Defense Comes From
A defense starts with each element and the proof behind it.
- Taking. Did you actually take and carry away the property?
- Someone else’s property. Was it really someone else’s and not yours?
- Intent to keep it for good. The Commonwealth must prove you meant to deprive the owner permanently.
- Value. The jump to a felony depends on whether the value was over $1,200.
- Identity. The Commonwealth has to prove it was you.
Frequently Asked Questions
Is larceny a felony in Massachusetts?
It depends on the value. Larceny of more than $1,200, or of a firearm, is a felony. Larceny of $1,200 or less is a misdemeanor, unless the owner was 60 or older or had a disability and the value was over $250.
What if I meant to give it back?
Larceny by stealing requires the “specific intent to deprive the person of the property permanently.” The Commonwealth has to prove that intent.
Is taking money from my job larceny?
It can be. Section 30 covers whoever, “with intent to steal or embezzle, converts” the property of another, and that’s how embezzlement is charged.
Facing a Larceny Charge? Talk to a Lawyer
A larceny charge turns on what was taken, what you meant to do, and what it was worth. You don’t have to face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
