Larceny

Larceny is the act of stealing property from another person.

Larceny can be either a misdemeanor or a felony, depending on the value of the property stolen.

Misdemeanor Larceny:

• If the stolen property has a value of less than $200
• If the stolen property is valued at $200 or more, but less than $1,000
• If the individual steals property with a value of $200 or more, but less than $20,000 and has 2 or more prior convictions for committing or attempting to commit this offense; or

Felony Larceny:

• If the individual breaks, tears, or otherwise damages any part of a trailer, motor vehicle, then the offense is a felony.
• If the stolen property has a value of $20,000 or more, the offense is a felony.

Property:

A person who commits larceny by stealing any of the following property of another person is guilty of the crime of larceny:

(a) Money, goods, or chattels.

(b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.

(c) A book of accounts for or concerning money or goods due, to become due, or to be delivered.

(d) A deed or writing containing a conveyance of land or other valuable contract in force.

(e) A receipt, release, or defeasance.

(f) A writ, process, or public record.

(g) Scrap metal

Larceny is a specific intent crime.

Larceny in Michigan can be found under MCL 750.356.

PENALTY
LARCENY

The following are the penalties for Larceny depending on the amount stolen:

1. The property stolen has a value of $20,000.00 or more.
2. The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

1. The property stolen has a value of $1,000.00 or more but less than $20,000.00.
2. The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

1. The property stolen has a value of $200.00 or more but less than $1,000.00.
2. The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

If the property stolen has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine.

DEFENSE
LARCENY

• Consent: Consent by the owner is a common defense for larceny. Since taking property without consent is necessary for finding a defendant guilty of larceny, a defendant who can prove that they had consent has proven that they did not commit a crime of larceny.
• Entrapment: Entrapment occurs when a defendant is persuaded by a law enforcement agent to commit a crime they otherwise would not have commited.
• If a law enforcement agent involved in an investigation convinces the defendant to steal a piece of evidence, the defendant cannot be found guilty of larceny. He committed the crime only because the agent told him too, and would not otherwise have done so.