What Is the Difference Between Larceny & Burglary?
- Larceny is theft of property without the use of violence.wallets image by enens from Fotolia.com
The Federal Bureau of Investigation defines larceny as "the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another." This includes stealing wallets, shoplifting, bicycle theft or any other action of stealing property from another person. Larceny does not involve violence, fraud, forgery or embezzlement. - 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. - Some states have modified the definition of burglary.door without handle 8) image by Sergejs Nescereckis from Fotolia.com
Some states require that the act of burglary be committed at nighttime. In fact, certain states that require the act to be committed at nighttime have implemented a time frame to determine when "nighttime" occurs. For example, a state may define "nighttime" as one hour before sunset or one hour after sunset. - 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. - Every county has its own jurisdiction laws and procedures with regards to prosecuting the accused person.Justice image by MVit from Fotolia.com
If a person commits larceny, he must be tried in the county where he committed the crime. However, there are cases in which a person is apprehended for larceny in another county than the one where the crime was committed; the county where he was arrested has jurisdiction to arrest and try him in court.
Larceny
Burglary
Burglary State Laws
Personal Property
Larceny Jurisdiction
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