What is Larceny in Florida?

Larceny is a term that has its roots in old English common law. Back then, larceny referred specifically to the unlawful taking and carrying away of someone else’s tangible personal property with the intent to permanently deprive the owner of their property. However, while larceny is still used in some state laws, Florida statutes use the broader term “theft” instead for theft offenses.

The Origins and Traditional Definition of Larceny

Larceny originates from English common law, where it was one of the first felony-level property crimes established. The elements that make up the offense of larceny include:

  • Unlawful taking: This means taking someone else’s property without consent or legal justification.
  • Carrying away: As in physically moving the property from its original location. Even the slightest movement counted.
  • Personal property: Larceny initially applied only to tangible movable goods, not real property like land or houses.
  • Of another person: The property had to rightfully belong to someone else.
  • With intent: The perpetrator must have intended to permanently deprive the owner of their property at the time it was taken.

In essence, larceny involved the nonconsensual physical taking of someone else’s tangible personal goods with the intent to permanently keep them. This definition set larceny apart from other property offenses recognized under early common law. However, modern statutes tend to use more umbrella terms like “theft” now.

Comparison of Larceny vs. Theft

Larceny laws were intricate, involving procedural requirements and technicalities that often made securing a conviction difficult. Over time, state legislatures moved towards passing broader “consolidated” theft statutes that expanded certain aspects of larceny and aligned closer with changing societal norms and views on property crimes. Let’s compare some key differences:

  • Types of property stolen: Larceny initially only covered tangible personal property that the perpetrator physically carried away. Theft statutes now cover intangible property like computer data, services, intellectual property, etc. Theft also applies to real property and fixtures.
  • Intent standard: Larceny used the common law concept of “felonious intent” meaning the perpetrator meant to permanently deprive the owner of their property at the time it was taken. Theft uses a more flexible general “criminal intent” standard.
  • Title of the crime: Larceny specifies one crime with particular elements. Theft uses an umbrella term capturing various degrees of offense (grand theft, petit theft, etc.)

In short, larceny developed as a common law offense covering a specific kind of property crime involving tangible personal goods. Theft grew from larceny but expanded to cover more property, required less rigid levels of criminal intent, and gave a more general term for unlawful property deprivations beyond just the physical carrying away historically required under larceny.

Larceny Terminology is Not Used in Florida Theft Laws

Florida follows the trend of using consolidated theft crimes rather than old common law names. Per Section 812.014 of the Florida Statutes:

“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: a) Deprive the other person of a right to the property or a benefit from the property or b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Rather than larceny, theft statutes lay out degrees of grand theft, petit theft, and other related property crimes. At common law, larceny offenses were designated as either “petit” or “grand” larceny, depending on the value of the property stolen. Grand larceny involved property valued over a certain amount – initially set at 12 pence under English law. The distinction between misdemeanor petit larceny and felony grand larceny was important for sentencing. Today, Florida law still separates felony grand theft from misdemeanor petit theft using a designated property value threshold. However, again, the actual term “larceny” has been replaced in the statutes with the broader term “theft.” But you may occasionally see case opinions referencing grand larceny principles from older cases that have relevance. The key point is that while technically there is no more petit or grand “larceny” in Florida, the gradation of theft offenses based on property value continues in the form of petit and grand “theft.”

So, consolidated theft offenses in Florida have replaced larceny terminology at the state legislative level. However, larceny is occasionally referenced in case law when citing common law principles that our current theft framework grew out of. But generally, from a statute perspective, larceny has been absorbed into and replaced by theft.

Consult a Miami Criminal Defense Attorney About Your Theft Charges

Even though larceny appears in some old property crime cases, Florida prosecutors now file charges for theft, robbery, burglary, fraud, or related statutory offenses. Our Miami criminal defense firm has extensive experience fighting these types of allegations. If you face questions or charges related to the unauthorized taking or use of property, reach out for a free case review. We’ll evaluate your matter and outline defense options. A customized strategic defense can be key to avoiding harsh penalties down the line. Don’t wait to take action on your property crime arrest.

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