What Is the Difference Between Larceny & Burglary?

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    Larceny

    Burglary

    • A person must have the intent to unlawfully enter another's "structure" for burglary to have been committed.broken window and torn screen image by Allen Penton from Fotolia.com

      The Uniform Crime Reporting Program defines burglary as "the unlawful entry of a structure to commit a felony or theft." A structure can be an apartment, a boat or a house. Burglary can occur when someone is home or when no one is home. The Uniform Crime Reporting Program states that robbery is different from burglary in that robbery is committed in person with the use of violence and/or force. For burglary, a person does not need to use force to enter a private "structure" to be guilty of burglary. In fact, burglary can entail entry by use of force, entry without use of force or an attempt to enter with force. Intent to unlawfully enter another person's structure must be present for a person to be guilty of burglary. For example, if a person accidentally falls within someone's structure or is pushed by another person or object into the structure, he is not guilty of burglary because intent to unlawfully trespass was not present.

    Burglary State Laws

    Personal Property

    • Larceny can be the slightest physical removal of another's personal property.earring image by pearlguy from Fotolia.com

      If a person "carries away" personal property of another, even if it is not directly attached to the person of another, he is still guilty of committing larceny because he is in complete control of the private goods. For example, if a person picks up an earring he found on the ground of another person's private property, he is guilty of larceny even though he did not take it directly from the other person. The property stolen must be personal property and not real property, such as real estate.

    Larceny Jurisdiction

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