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English to English translations [PRO] Law/Patents | | English term or phrase: larceny vs theft | | What is the difference between larceny and theft please? |
| chopra_2002KudoZ activityQuestions: 501 ( 1 open) ( 3 without valid answers) ( 4 closed without grading) Answers: 1499 India
| | Local time: 20:21
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| | larceny is more comprehensive than theft | Explanation: Good luck langclinic
Elena
Cambridge:
theft
noun [C or U]
(the act of) dishonestly taking something which belongs to someone else and keeping it:
larceny
noun [C or U] LEGAL
stealing, especially (in the US) the crime of taking something that does not belong to you, without getting illegally into a building to do so
WHAT IS LARCENY?
Larceny is the "taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property". Larceny must involve personal property, and it must be capable of being possessed, and carried away. Thus, real estate, services and other intangibles cannot be objects of larceny.
The commission of larceny requires that someone else’s property actually be taken away, and the intent to take it, without paying for or returning it, must also be present. Both elements are needed by definition for larceny to occur.
Larceny - An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. The offence of theft now covers most cases of larceny. But **larceny is wider than theft as it includes the taking of property of another person by whatever means (by theft, overtly , by fraud, by trickery, etc.)** if an intent exists to convert that property to one's own use against the wishes of the owner.
-------------------------------------------------- Note added at 20 mins (2004-01-31 02:38:25 GMT) --------------------------------------------------
::::::::::::::: When I wrote \"comprehensive\" in the Answer I was referring only to the fact described in the explanation of \"larceny\", i.e., that it is \"wider than theft\", because it \"it includes the taking of property of another person by whatever means (by theft, overtly , by fraud, by trickery, etc.)\". This condition is absent in the concept of \"theft\".
Legally speaking, however, larceny is a kind of theft; thus theft is the encompassing concept.
HTH :-)
Elena |
| Selected response from: xxxElena Sgarbo
| Grading comment Thanks to all of you! 4 KudoZ points were awarded for this answer |
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8 mins confidence: peer agreement (net): +3 larceny is more comprehensive than theft
Explanation: Good luck langclinic
Elena
Cambridge:
theft
noun [C or U]
(the act of) dishonestly taking something which belongs to someone else and keeping it:
larceny
noun [C or U] LEGAL
stealing, especially (in the US) the crime of taking something that does not belong to you, without getting illegally into a building to do so
WHAT IS LARCENY?
Larceny is the "taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property". Larceny must involve personal property, and it must be capable of being possessed, and carried away. Thus, real estate, services and other intangibles cannot be objects of larceny.
The commission of larceny requires that someone else’s property actually be taken away, and the intent to take it, without paying for or returning it, must also be present. Both elements are needed by definition for larceny to occur.
Larceny - An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. The offence of theft now covers most cases of larceny. But **larceny is wider than theft as it includes the taking of property of another person by whatever means (by theft, overtly , by fraud, by trickery, etc.)** if an intent exists to convert that property to one's own use against the wishes of the owner.
-------------------------------------------------- Note added at 20 mins (2004-01-31 02:38:25 GMT) --------------------------------------------------
::::::::::::::: When I wrote \"comprehensive\" in the Answer I was referring only to the fact described in the explanation of \"larceny\", i.e., that it is \"wider than theft\", because it \"it includes the taking of property of another person by whatever means (by theft, overtly , by fraud, by trickery, etc.)\". This condition is absent in the concept of \"theft\".
Legally speaking, however, larceny is a kind of theft; thus theft is the encompassing concept.
HTH :-)
Elena
Reference: http://www.lawinfo.com/lawdictionary/dict-l.htm
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