Larceny from the person is theft taken directly from someone, or from the area right around them: a wallet lifted from a pocket, a phone taken from a table in front of its owner, a bag taken from a shoulder. Under G.L. c. 266, § 25, it is a felony no matter how little the property was worth, and it carries up to 5 years in state prison. When the alleged victim is 65 or older, a second offense brings a mandatory minimum sentence.
At a Glance: Larceny from the Person
Felony
regardless of the property’s value
Up to 5 years
in state prison, or up to 2½ years in jail
From the person
or from their area of control, in their presence
Victim 65+
2-year minimum for a second or subsequent offense
The law: G.L. c. 266, § 25(a)–(b)
What Larceny from the Person Is
The statute itself does not define the crime. It says only: “Whoever commits larceny by stealing from the person of another shall be punished.” The Massachusetts model jury instruction (District Court Instruction 8.560) defines it as “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 such property permanently.”
Two features set it apart from ordinary theft:
- Value does not matter. For larceny under § 30, the value of the property decides misdemeanor or felony. Under § 25, it is irrelevant to punishment.
- No force is required. Robbery requires force or fear. Larceny from the person has all the elements of robbery except that one. The Supreme Judicial Court treats it as a lesser included offense of robbery. Commonwealth v. Cartright, 478 Mass. 273 (2017).
What the Commonwealth Must Prove
Under the model jury instruction, the Commonwealth must prove four things beyond a reasonable doubt:
- You took and carried away property.
- The property was owned or possessed by someone else.
- You took it from the person of the owner or possessor, or from that person’s area of control in their presence.
- You intended to deprive that person of the property permanently.
For the 65-or-older charge under § 25(a), the instruction adds a fifth element: the alleged victim was 65 years of age or older. The instruction notes that a jury may consider appearance as one factor, but appearance alone is not enough to prove age unless the person is of “a marked extreme” age.
Penalties
Standard offense, § 25(b): up to 5 years in state prison, or up to 2½ years in jail. Because it can be punished in state prison, it is a felony. See the difference between misdemeanors and felonies.
Victim 65 or older, § 25(a): the same maximum, up to 5 years in state prison or 2½ years in jail, for a first offense. For a second or subsequent offense under § 25(a):
- Imprisonment for not less than 2 years.
- The sentence cannot be reduced until 1 year has been served.
- No probation, parole, furlough, work release, or good-conduct deductions until 1 year has been served, except limited temporary releases for a funeral of next of kin or spouse, a visit to a critically ill close relative or spouse, or emergency medical care.
Pretrial probation under G.L. c. 276, § 87 does not apply to anyone 17 or older charged under § 25(a).
Defenses
- Not “from the person.” If the property was not on the person or within their area of control in their presence, the charge may not fit. The question is often where the item was and where the owner was.
- No intent to steal permanently. Picking up an item by mistake or believing it was yours is not larceny.
- Identification. These incidents are fast, often in crowds. Eyewitness accounts and video deserve close scrutiny.
- The victim’s age. For § 25(a), the Commonwealth must prove the person was 65 or older with real evidence, not a guess from appearance.
- Ownership or possession. The Commonwealth must prove the property belonged to, or was possessed by, someone else.
Why a Lawyer Matters
Larceny from the person is a felony even when the item is worth a few dollars, and a § 25(a) charge can carry a mandatory minimum on a repeat offense. Whether the facts fit the “from the person” element, whether the identification holds up, and whether the age element is proved are questions that decide these cases. In 23 years of defending clients in Massachusetts courts, I have seen how much careful work on those questions can change the outcome.
If you or a family member has been charged with larceny from the person, contact my office or call 781-393-5900.
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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.
