Larceny
Generally speaking, larceny is the legal term for theft. Larceny is the act of taking someone else’s property with the intent to permanently deprive them of it. Even if the property is returned later, what matters is the intent at the time of the theft. The law also recognizes special variations, such as larceny from a building or larceny by embezzlement.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you of larceny?
Three things: 1) you took and carried away property; 2) the property belonged to someone else; and 3) you intended to deprive the owner of their property permanently.
Are you guilty if you thought the property was yours?
If you sincerely and reasonably believed that you had a right to take the property, because it was yours, that may be a valid defense. Larceny requires an intent to deprive the owner of his or her property. If that was not what you intended, it could be hard for the prosecutor to prove you are guilty.
What if you give the property back?
You can still be guilty. The crime happens based on the defendant’s intent at the time he or she took the property. Whether the defendant changed their mind later is not a defense.
Can borrowing something be considered larceny?
It depends. The jury will have to decide if the defendant’s intent was to borrow or to permanently deprive the owner of the property. If the defense is that your intent was only to borrow, it might be helpful to have evidence of why you wanted to borrow, your relationship with the property owner, or what agreement there was as to how long you would hold onto the property.
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