Understanding Property Crimes: NY Penal Law Definitions
Larceny: Definition and Elements
Larceny is the wrongful taking (actus reus, AR) of another’s property with the intent (mens rea, MR) to permanently deprive the owner of it. It involves the unauthorized taking and removal of the personal property of another by an individual who intends to permanently deprive the owner of it, constituting a crime against the right of possession.
Most forms of larceny involve the AR of taking and carrying away, also known as Asportation. The MR is the intent element of larceny. The slightest movement of property can satisfy the Asportation element; for example, a pickpocket beginning to lift a victim’s wallet.
Asportation (Actus Reus)
Asportation (AR) occurs when a defendant is caught with goods inside a store and can be convicted if they exercise dominion or control over the items in a manner wholly inconsistent with the owner’s continued rights. This refers to the illegal movement of goods.
Intent Element (Mens Rea)
The intent element (MR) requires the intent to permanently deprive the owner of the property.
Types of Property in Larceny
There are two main types of property relevant to larceny:
Real Property
Land and fixtures, such as items permanently attached to the ground (e.g., plumbing, fencing).
Personal Property (Chattel)
Any property that is not real property, has value, and is subject to ownership.
Embezzlement: Financial Fraud
Embezzlement is a crime that occurs when a person purposely withholds or uses assets and monies for a purpose other than their intended use. Often referred to as “financial fraud” or a form of “larceny,” embezzlement is typically committed by an employee in charge of an agency or company’s finances, or by a person with responsibilities pertaining to assets. Embezzlement is considered a white-collar crime.
Robbery vs. Extortion: Key Distinctions
The primary difference between robbery and extortion lies in the nature of the threat and consent. In robbery, there is an immediate threat to the victim, and property or valuables are taken without their consent. In contrast, with extortion, the victim often willingly hands over money, property, or valuables to avoid future violence or damage, meaning the property is taken with their consent, albeit unwillingly.
Extortion vs. Blackmail: Understanding the Nuances
While similar in concept, extortion and blackmail have distinct differences. Extortion is a form of theft where an offender obtains money, property, or services from another person through coercion. Blackmail, on the other hand, involves an offender threatening to reveal potentially embarrassing, socially damaging, or incriminating information about a victim or their family members unless a demand for money, property, or services is met.
Petit Larceny (Petty Larceny)
Petit larceny, also known as petty larceny, is a type of theft involving a small amount of money or an item of low value. For example, taking the exact same coat without knowing it is not considered petit larceny, as it lacks the necessary intent.
Grand Larceny in New York State
Grand Larceny, Fourth Degree (NYPL 155.30(1))
A person is guilty of Grand Larceny in the Fourth Degree when they steal property with a value exceeding one thousand dollars. This is an “E” felony, punishable by up to four years in prison.
Grand Larceny, Third Degree (NYPL 155.35)
A person is guilty of Grand Larceny in the Third Degree when they steal property with a value exceeding three thousand dollars. This is a “D” felony, punishable by up to seven years in prison.
Claim of Right Defense in Theft Cases
The Claim of Right Defense is a common defense to a charge of robbery or theft. It asserts that a defendant had a justifiable right to take specific property from another individual, even if by force or mistake.
Valuation of Stolen Property
The value of stolen property, which determines whether a crime is a misdemeanor or felony, is typically considered its market value or replacement value. Property that has sustained damages or is used will depreciate in value. If petit larceny and criminal possession of stolen property are part of a common scheme or plan, the amounts can be accumulated for charging purposes.
Criminal Possession of Stolen Property
Criminal Possession of Stolen Property is charged when a person knowingly possesses property that has been unlawfully obtained, with the intention of receiving some type of benefit from it.
Fifth Degree (Class A Misdemeanor)
A person is guilty of Criminal Possession of Stolen Property in the Fifth Degree when they knowingly possess stolen property with intent to benefit themselves or another person, or to impede the owner’s recovery. This is a Class A misdemeanor.
Fourth Degree (Class E Felony)
A person is guilty of Criminal Possession of Stolen Property in the Fourth Degree when they knowingly possess stolen property with intent to benefit themselves or another person, or to impede the owner’s recovery, and when the property consists of a credit card, debit card, or public benefit card. This is a Class E felony.
Third Degree (Class D Felony)
A person is guilty of Criminal Possession of Stolen Property in the Third Degree when they knowingly possess stolen property with intent to benefit themselves or another person, or to impede the owner’s recovery, and when the value of the property exceeds $3,000. This is a Class D felony.
Unauthorized Use of a Vehicle (UUV)
Unauthorized Use of a Vehicle (UUV) is broadly construed and includes passengers. It is not necessary to prove that the defendant was involved in the initial taking or had the intent to permanently deprive the owner of the vehicle. Whether a vehicle is stolen or being driven without the owner’s permission, it falls under Unauthorized Use of a Vehicle in the Second and Third Degrees, pursuant to New York Penal Law sections 165.06 and 165.05, respectively.
UUV, Third Degree (NYPL 165.05(1))
A person is guilty of Unauthorized Use of a Vehicle in the Third Degree when, knowing they do not have the owner’s consent, they take, operate, exercise control over, ride in, or otherwise use a vehicle. This is a Class “A” misdemeanor, punishable by up to one year in jail.
UUV, Second Degree (NYPL 165.06)
A person is guilty of Unauthorized Use of a Vehicle in the Second Degree when, knowing they do not have the owner’s consent, they take, operate, exercise control over, ride in, or otherwise use a vehicle, and have been previously convicted of Unauthorized Use of a Vehicle in the Third Degree. This is a Class E felony, punishable by up to four years in prison.
Theft of Services: Common Examples
Theft of Services occurs when someone receives services without intending to pay for them. Common examples include “Dine and Dash” or jumping a metro turnstile.
Forgery in New York State
In New York State, forgery includes falsely making, altering, or completing a written instrument, or representing a copy as the original (criminal falsification).
Forgery, Second Degree
The type of document forged determines the degree of a forgery charge. Common documents involved in Second-Degree Forgery include deeds, wills, contracts, medical prescriptions, public records, and credit cards.
Uttering a Forged Instrument
Uttering refers to making use of a forged writing or document with knowledge of its forged nature. For example, adding zeros to the amount of a check is considered a material alteration.