Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law ), where in many cases it remains in force.
119-561: The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary , robbery , fraud , theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey , and in New South Wales , Australia, involving the taking ( caption ) and carrying away ( asportation ) of personal property without
238-431: A Chinese ship . The sheets join the shafts of the wheelbarrow and can thus be manipulated by the man in charge. M. J. T. Lewis surmised the wheelbarrow may have existed in ancient Greece in the form of a one-wheel cart . Two building material inventories for 408/407 and 407/406 B.C. from the temple of Eleusis list, among other machines and tools, "1 body for a one-wheeler ( hyperteria monokyklou )", although there
357-644: A check register or transaction log as being used for one specific purpose and then explicitly uses the funds from the checking account for another and completely different purpose. It is important to make clear that embezzlement is not always a form of theft or an act of stealing, since those definitions specifically deal with taking something that does not belong to the perpetrator(s). Instead, embezzlement is, more generically, an act of deceitfully secreting assets by one or more persons that have been entrusted with such assets. The person(s) entrusted with such assets may or may not have an ownership stake in such assets. In
476-466: A horse or a mule . But judge by my surprise when today I saw a whole fleet of wheelbarrows of the same size. I say, with deliberation, a fleet, for each of them had a sail, mounted on a small mast exactly fixed in a socket arranged at the forward end of the barrow. The sail, made of matting, or more often of cloth, is five or six feet (152 or 183 cm) high, and three or four feet (91 or 122 cm) broad, with stays, sheets, and halyards , just as on
595-492: A building or automobile, or loitering unlawfully with intent to commit any crime, not necessarily a theft – for example, vandalism . Even if nothing is stolen in a burglary, the act is a statutory offense . Buildings can include hangars, sheds, barns, and coops; burglary of boats, aircraft, trucks, military equipment, and railway cars is possible. Burglary may be an element in crimes involving rape , arson , kidnapping , identity theft , or violation of civil rights ; indeed,
714-523: A car because transportation is the purpose of a car. Turning it on suffices to establish that the thief has taken possession and control. Additionally, the Model Penal Code eliminates the asportation requirement and instead requires that the defendant "exercise unlawful control". The drafters noted that historically the asportation requirement distinguished larceny (a felony) and attempted larceny (a misdemeanor). They reasoned, therefore, that asportation
833-582: A different term. According to the medieval art historian Andrea Matthies, the first archival reference to a wheelbarrow in medieval Europe is dated 1222, specifying the purchase of several wheelbarrows for the English king's works at Dover . The first depiction appears in an English manuscript, Matthew Paris's Vitae duorum Offarum , completed in 1250. By the 13th century, the wheelbarrow proved useful in building construction, mining operations, and agriculture. However, going by surviving documents and illustrations
952-434: A dwelling with intent to commit a crime. Simple breaking and entering into a dwelling or storehouse without specific intent to commit an additional crime is fourth-degree burglary. This degree also includes two other offenses that do not have breaking and entering as an element: Being in or on the yard, garden, or other property of a storehouse or dwelling with the intent to commit theft, or possession of burglar's tools with
1071-468: A felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For
1190-418: A fixture were one continuous act, no larceny would occur. The defendant's actions in this example would thus merely constitute damage to real property, and would further not result in possession of stolen property since no larceny had taken place. However, if the person disconnected the air conditioner, left the premises to find someone to help him move the unit, returned and loaded the unit on his truck and left,
1309-513: A group of brigand rebels who questioned him, and allowed him to pass after he convinced them that his wife was terribly ill. The first recorded description of a wheelbarrow appears in Liu Xiang 's work Lives of Famous Immortals . Liu describes the invention of the wheelbarrow by the legendary Chinese mythological figure Ko Yu, who builds a " Wooden ox ". Nevertheless, the Chinese historical text of
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#17328695729771428-627: A laborious amount of energy exacted upon the animal or human driver pulling the wheelbarrow, the weight of the burden was distributed equally between the wheel and the puller. European visitors to China from the 17th century onwards had an appreciation for this, and it was given a considerable amount of attention by a member of the Dutch East India Company , Andreas Everardus van Braam Houckgeest , in his writings of 1797 (who accurately described its design and ability to hold large amounts of heavy baggage). These wheelbarrows continued in use into
1547-536: A man pushing a wheelbarrow was found in the tomb of Shen Fujun in Sichuan province , dated circa 150 AD. And then there is the story of the pious Dong Yuan pushing his father around in a single-wheel lu che barrow, depicted in a mural of the Wu Liang tomb-shrine of Shandong (dated to 147 AD). Earlier accounts dating to the 1st century BC and 1st century AD that mention a "deer cart" (luche) might also have been referencing
1666-425: A misdemeanor. Breaking and entering into a dwelling with intent to commit theft or a crime of violence is first-degree burglary. Breaking and entering into a "storehouse" (a structure other than a dwelling, also including watercraft, aircraft, railroad cars, and vessels) with intent to commit theft, arson, or a crime of violence is second-degree burglary. Third-degree burglary is defined as breaking and entering into
1785-401: A person who repairs a car had a lien on the car to secure payment for the work. The lien is a possessory lien meaning the repair person has the lien as long as he maintains possession of the car. If the title owner were to take the car from the lienholder this action could be prosecuted as larceny in some jurisdictions. The taking must be trespassory; that is, it must be without the consent of
1904-451: A residence and into a commercial building, with the burglary of a residence bearing heavier punishment. In states that continue to punish burglary more severely than housebreaking twilight , night is traditionally defined as hours between 30 minutes after sunset and 30 minutes before sunrise. There is some recent scholarly treatment of burglaries in American law as inchoate crimes, but this
2023-487: A shop with the intent to steal). As with all legal definitions in the U.S., the foregoing description may not be applicable in every jurisdiction, since there are 50 separate state criminal codes, plus federal and territorial codes in force. Commission of a burglary with the intention or result of confronting persons on the premises may constitute an aggravated offense known as " home invasion ". Taking or attempting to take property by force or threat of force from persons on
2142-459: A single person using two handles at the rear. The term "wheelbarrow" is made of two words: "wheel" and "barrow." "Barrow" is a derivation of the Old English "barew" which was a device used for carrying loads. The wheelbarrow is designed to distribute the weight of its load between the wheel and the operator, so enabling the convenient carriage of heavier and bulkier loads than would be possible were
2261-419: A store customer examining the goods of a merchant, or an employee who has been given the property of his employer to be used in his employment. This is to be contrasted to, for example, a person who has obtained actual possession of the property by fraud. Ancient Roman law (first 50 years of written University law, possibly borrowing from Greek law there is no copy of) was more lax about "simple possession"; it
2380-418: A thief must not only gain dominion over the property, but also must move it from its original position. The slightest movement, a hair's breadth, is sufficient. However, the entirety of the property must be moved. As Professor Wayne LaFave noted, at its most literal this requirement renders the rotating of a doughnut a larceny, but not the rotating of a pie, as all of the doughnut is moved through rotation while
2499-432: A very heinous offence: not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion of that right of habitation..." During the 19th Century, English politicians turned their minds to codifying English law. In 1826, Sir Robert Peel was able to achieve some long advocated reforms by codifying offences concerning larceny and other property offences as well as offences against
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#17328695729772618-464: A wheelbarrow, necessarily guided and balanced by a man...what does now emerge as certainty is that the wheelbarrow did not, as is universally claimed, make its European debut in the Middle Ages . It was there some sixteen centuries before. M. J. T. Lewis admits that the current consensus among technology historians, including Bertrand Gille , Andrea Matthies, and Joseph Needham , is that the wheelbarrow
2737-533: A wheelbarrow. The 5th-century Book of Later Han stated that the wife of the once poor and youthful imperial censor Bao Xuan helped him push a lu che back to his village during their feeble wedding ceremony, around 30 BC. Later, during the Red Eyebrows Rebellion (c. 20 AD) against Xin dynasty 's Wang Mang (45 BC–23 AD), the official Zhao Xi saved his wife from danger by disguising himself and pushing her along in his lu che barrow, past
2856-464: Is a French word meaning "large" while petit is a French word meaning "small"). Both were felonies, but the punishment for grand larceny was death while the punishment for petit larceny was forfeiture of property to the Crown and whipping. The classification was based on the value of the property taken. The offence was grand larceny if the value of the property taken was greater than twelve pence, approximately
2975-472: Is a crime usually prosecuted under solemn procedure in a superior court. Another common law crime still used is Hamesuken, which covers forced entry into a building where a serious assault on the occupant takes place. Common law crimes in Scotland are gradually being replaced by statutes . In the United States, burglary is prosecuted as a felony or misdemeanor and involves trespassing and theft, entering
3094-437: Is always a felony, even in third degree. It is more serious if the perpetrator uses what appears to be a dangerous weapon or enters a dwelling. In Pennsylvania, it is a defense to prosecution if the building or structure in question is rendered abandoned. In Virginia, there are degrees of burglary, described as "Common Law Burglary" and "Statutory Burglary". Common Law Burglary is defined as: if any people break and enter
3213-477: Is applicable only when people "unlawfully intrude or remain where others have their living quarters". The only punishments available for any of these offences are fines, unless the offences are considered gross. In such cases, the maximum punishment is two years' imprisonment. However, if the person who has forced themself into a house steals anything ("takes what belongs to another with intent to acquire it"), they are guilty of (ordinary) theft ( stöld ). However,
3332-430: Is committed during unlawful entering, then a person is guilty of theft or aggravated theft depending on the circumstances of the felony. Aggravated theft: (1) If in the theft and the theft is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated theft to imprisonment for at least four months and at most four years. In New Zealand , burglary is a statute offence under section 231 of
3451-508: Is complete as soon as the intrusion is made. This dual nature is at the heart of a debate about whether the crime of burglary ought to be abolished and its elements covered by attempt or aggravating circumstances to other crimes—or retained, and the grading schemes reformed to reflect the seriousness of individual offenses. Possession of burglars' tools, in jurisdictions that make this an offense, has also been viewed as an inchoate crime: In effect piling an inchoate crime onto an inchoate crime,
3570-527: Is defined by section 9 of the Theft Act 1968 , which describes two variants: The offence is defined in similar terms to England and Wales by the Theft Act (Northern Ireland) 1969. Under Scots law , the crime of burglary does not exist. Instead theft by housebreaking covers theft where the security of the building is overcome. It does not include any other aspect of burglary found in England and Wales. It
3689-512: Is defined generally as: the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime. Grand larceny is typically defined as larceny of a more significant amount of property. In the US , it is often defined as an amount valued at least $ 400. In New York, grand larceny refers to amounts of at least $ 1,000. Grand larceny
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3808-412: Is descriptive of the method used to obtain possession. The concept arose from Pear's Case decided in 1779. The issue was whether a person who had fraudulently obtained possession of personal property (a horse) could be convicted of larceny. The chief impediment to conviction was the doctrine of possessorial immunity which said that a person who had acquired possession lawfully, that is with the consent of
3927-407: Is in dispute. Some academics consider burglary an inchoate crime . Others say that because the intrusion itself is harmful, this justifies punishment even when no further crime is committed. Burglary, as a preliminary step to another crime, can be seen as an inchoate, or incomplete, offense. As it disrupts the security of persons in their homes and in regard to their personal property, however, it
4046-540: Is no evidence to prove this hypothesis. ( ὑπερτηρία μονοκύκλου in Greek ): Since dikyklos ( δίκυκλος ) and tetrakyklos ( τετράκυκλος ) mean nothing but "two-wheeler" and "four-wheeler," and since the monokyklos ( μονόκυκλος ) body is sandwiched in the Eleusis inventory between a four-wheeler body and its four wheels, to take it as anything but a one-wheeler strains credulity far beyond breaking point. It can only be
4165-455: Is not subject to larceny statutes. Under contemporary larceny laws, it is normally sufficient to support a larceny charge if the item has any value to the owner, even if its market value would be negligible. Under New York State law, written instruments , utility services , and items of unascertainable value have special rules, and for grand larceny in the fourth degree, a motor vehicle must have value of $ 100 or greater. Otherwise, value
4284-480: Is often classified as a felony with the concomitant possibility of a harsher sentence . In Virginia the threshold is only $ 5 if taken from a person, or $ 500 if not taken from the person. The same penalty applies for stealing checks as for cash or other valuables. Some states (such as North Carolina ) use the term "felonious larceny" instead of grand larceny. The classification of larceny as grand or petit larceny originated in an English statute passed in 1275 ( grand
4403-526: Is often shortened to B and E . There is no crime of burglary as such in Finland . In the case of breaking and entering, the Finnish penal code states that A person who unlawfully (1) enters domestic premises by force, stealth or deception, or hides or stays in such premises [...] shall be sentenced for invasion of domestic premises to a fine or to imprisonment for at most six months. However, if theft
4522-414: Is plugged into a wall socket is not real property. A window air conditioning unit is not real property. Embezzlement differs from larceny in two ways. First, in embezzlement, an actual conversion must occur; second, the original taking must not be trespassory . To say that the taking was not trespassory is to say that the person(s) performing the embezzlement had the right to possess, use, and/or access
4641-433: Is severed from the land (rendered unattached) it becomes personal property. Examples abound. A person buys a furnace. The furnace company dispatches a technician to deliver and install the heating system. Before installation the heating system is personal property. It has corporeal presence and it can be moved around as witnessed by the fact that the technician picked it up at the warehouse, loaded it into his truck, drove it to
4760-433: Is the act of illegally entering a building or other areas without permission , typically with the intention of committing a further criminal offence. Usually that offence is theft , larceny , robbery , or murder , but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle , a term back-formed from the word burglar , or to burglarize . Sir Edward Coke (1552–1634) explains at
4879-434: Is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of Virginia State code section 18.2–77, 18.2–79, or 18.2–80, shall be deemed guilty of statutory burglary, which offense shall be a class 3 felony. However, if such people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony. Additionally, if any people commit any of
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4998-542: The Sanguozhi (Records of the Three Kingdoms ), compiled by the ancient historian Chen Shou (233–297 AD), credits the invention of the wheelbarrow to Prime Minister Zhuge Liang (181–234 AD) of Shu Han from 197–234. It was written that in 231 AD, Zhuge Liang developed the vehicle of the wooden ox and used it as a transport for military supplies in a campaign against Cao Wei . Further annotations of
5117-492: The Ballbarrow , an injection-molded plastic wheelbarrow with a spherical ball on the front end instead of a wheel. Compared to a conventional design, the larger surface area of the ball made the wheelbarrow easier to use in soft soil, and more laterally stable with heavy loads on uneven ground. The Honda HPE60, an electric power-assisted wheelbarrow, was produced in 1998. Power-assisted wheelbarrows are now widely available from
5236-513: The Crimes Act 1961 . Originally this was a codification of the common law offence, though from October 2004 the break element was removed from the definition and entry into the building (or ship), or a part of it, now only needed to be unauthorised. The definition of a building is very broad to cover all forms of dwelling, including an enclosed yard. Unauthorised entry onto agricultural land with intent to commit an imprisonable offence (section 231A)
5355-533: The Crown Dependency of Jersey . The common law offence of larceny was abolished on 1 August 1969, for all purposes not relating to offences committed before that date. It has been replaced by the broader offence of theft under section 1(1) of the Theft Act (Northern Ireland) 1969 . Larceny laws in the United States have their roots in common law , pursuant to which larceny involves the trespassory taking (caption) and carrying away (asportation, removal) of
5474-508: The Germanic languages . (Perhaps paraphrasing Sir Edward Coke :) "The word burglar comes from the two German words burg , meaning "house", and laron , meaning "thief" (literally "house thief")." Another suggested etymology is from the later Latin word burgare , "to break open" or "to commit burglary", from burgus , meaning "fortress" or "castle", with the word then passing through French and Middle English, with influence from
5593-472: The "plumbers" of the Watergate scandal were technically burglars. Any entry into the building or automobile of another with the intent to commit a crime, even if the entry would otherwise be permitted for lawful purposes, may constitute burglary on the theory that the permission to enter is only extended for lawful purposes (for example, a shoplifter may be prosecuted for burglary in addition to theft, for entering
5712-446: The 1530s for the other. Modern day wheelbarrows are generally made from plastic or metal and generally come with either a pneumatic tire, semi-pneumatic tires, or solid tire . Modern wheelbarrows come in four standard shapes, the home gardener shallow-tray variety, the builder's barrow, the square tray utility barrow and the brick barrow. Plastic wheelbarrows can be beneficial as they are light in weight reducing physical demand on
5831-688: The Latin latro , "thief". The British verb "burgle" is a late back-formation . Ancient references to breaking into a house can be found in the Code of Hammurabi (no. 21 ) and the Torah (Exodus 22:2 ). Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England , describes the felony of Burglary and explains the various elements of the offence. He distinguished this from housebreaking because
5950-517: The acts mentioned in the VA state code section 18.2–90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of VA state code section 18.2–77, 18.2–79, or 18.2–80, or if any people commit any acts mentioned in 18.2–89 or 18.2–90 with intent to commit assault and battery, shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years, or, in
6069-420: The actual taking of the property, even if momentarily ( actus reus ), and the culpable intent to deprive another of their property ( mens rea ). Larceny involves the trespassory taking of property from possession of another, with the intent to permanently deprive the owner of that property. To understand larceny, one must understand the distinction between custody and possession. Examples of custody would be
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#17328695729776188-463: The asportation requirement is not universally required. In People v. Alamo , for example, the New York Court of Appeals eliminated the asportation requirement. In that case the defendant entered a stranger's car and turned on the car's lights and engine. The Court read asportation as merely a corroborative element of possession and control, and thus not necessary to establish possession and control of
6307-399: The assets in question, and that such person(s) subsequently secreted and converted the assets for an unintended and/or unsanctioned use. Conversion requires that the secretion interferes with the property, rather than just relocate it. As in larceny, the measure is not the gain to the embezzler, but the loss to the asset stakeholders. An example of conversion is when a person logs checks in
6426-446: The building, expanding the common-law definition. It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. A related offense, criminal trespass, covers unlawful entry to buildings or premises without
6545-401: The burglar enter with a dangerous weapon, they may be imprisoned for life. Unlawful entries of a structure other than a dwelling are labeled "breaking and entering" and punishments vary according to structure. In Maryland, under title 6, subtitle 2 of the criminal law code, the crime of burglary is divided into four degrees. The first three degrees are felonies, while fourth-degree burglary is
6664-413: The case where it is a form of theft, distinguishing between embezzlement and larceny can be tricky. Making the distinction is particularly difficult when dealing with misappropriations of property by employees. To prove embezzlement, the state must show that the employee had possession of the goods "by virtue of her employment"; that is, that the employee had the authority to exercise substantial control over
6783-552: The center of the barrow and were preferred in China, the types mostly used in Europe featured a wheel at or near the front, the arrangement of most wheelbarrows today. Research on the early history of the wheelbarrow is made difficult by the marked absence of a common terminology. The historian of technology M.J.T. Lewis has identified in English and French sources four mentions of wheelbarrows between 1172 and 1222, three of them designated with
6902-430: The circumstances. If a thief steals multiple items from one victim during a single episode the courts doubtlessly would treat the act as one crime. The same result would obtain if the thief stole items from the same victim over a period of time on the grounds that the stealing was pursuant to a common scheme or plan. The effect would be that the state could aggregate the value of the various items taken in determining whether
7021-406: The coverage of larceny to include most if not all of the items mentioned above. For example, North Carolina has statutes that make it a crime to steal choses in action, growing crops and so on. The restriction of the scope of larceny to personal property may have practical consequences. For example, a person may "steal" a central air conditioning unit by cutting the connections to the house, removing
7140-477: The crime of larceny a felony "without regard to value" if the larceny is (1) from the person (2) committed pursuant to certain types of breaking or enterings (3) of any explosive or incendiary device or (4) of any firearm. The modern spelling is petit larceny for the misdemeanor level. Some states may also charge certain types of larceny as "robbery", "burglary", "theft", "shoplifting", "conversion", and other terms. As noted above one cannot steal items "affixed to
7259-518: The crime was a felony or misdemeanor. Such a result would not always work to the criminal's detriment. Aggregation is also generally permitted when the thief steals property from multiple victims at the same time. For example, a thief steals "rims" from several cars parked in the same lot. On the other hand, aggregation is not permitted when a thief steals items from various victims at different times and places. Burglary Burglary , also called breaking and entering (B&E) and housebreaking ,
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#17328695729777378-413: The crime would be larceny. The property taken must be "of another". Thus wild animals cannot be stolen, although possession of a wild animal can itself be unlawful. Nor can co-owners be guilty of larceny. Larceny is a crime against possession. Therefore, it is possible for the person who has title to the property to steal the property from a person who had lawful possession. For example, states provide that
7497-496: The criminal himself or an innocent agent. The equivalent term " deprive " is also sometimes used: To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him, or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property. Traditionally,
7616-417: The date of which the sail assisted wheelbarrow was invented is uncertain. Engravings are found in van Braam Houckgeest's 1797 book. European interest in the Chinese sailing carriage is also seen in the writings of Andreas Everardus van Braam Houckgeest in 1797, who wrote: Near the southern border of Shandong one finds a kind of wheelbarrow much larger than that which I have been describing, and drawn by
7735-458: The day or night time, with intent to commit any misdemeanor except assault and battery or trespass (which falls under the previous paragraph), shall be guilty of a class 6 felony. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony. Wheelbarrow A wheelbarrow is a small hand-propelled load-bearing vehicle, usually with just one wheel , designed to be pushed and guided by
7854-455: The daytime break and enter or enter and conceal themselves in a dwelling house or an adjoining, occupied outhouse, or, in the nighttime enter without breaking or at any time break and enter or enter and conceal themselves in any office, shop, manufactured home, storehouse, warehouse, banking house, church or other house, or any ship, vessel or river craft, or any railroad car, or any automobile, truck, or trailer, if such automobile, truck or trailer
7973-441: The defendant never had complete control over the disposition and use of the coat. The taking may be only momentary. In another famous case, the defendant snatched an earring from the victim which immediately became entangled in the victim's hair. The court held that the defendant's control over the property, although momentary, was sufficient to constitute a taking. The taking may be either direct or indirect; that is, accomplished by
8092-404: The discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $ 2,500, either or both. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a Class 2 felony. Finally, if any people break and enter a dwelling house while said dwelling is occupied, either in
8211-412: The dwelling of another, in the nighttime, with intent to commit a felony or any larceny (theft < $ 500) therein, shall be guilty of burglary, punishable as a class 3 felony; provided, however, that if such people was armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony. Statutory Burglary is defined as: If any people in the nighttime enter without breaking, or in
8330-408: The earth" because such things are not personal property. However, one of the remarkable qualities of property is its shiftiness: its ability to change its character often and quickly, from real to personal and from personal to real. The principal methods of achieving this transformation are attachment and severance. If personal property is attached to land, it becomes real property. And if real property
8449-456: The field, or minerals . Acts of common law larceny cannot be committed against intangible things, such as love or affection , identity ( identity theft is a type of fraud ), or intellectual property , such as information and ideas. For example, if a person stole the Coca-Cola formula , the crime would be larceny, but the grade of the offense would be determined by the value of the paper on which
8568-447: The formula was recorded, not the value of the recipe. (Theft of trade secrets would be a different offense.) Services and labor, as well as intangible personal property (incorporeal rights) such as contract rights and choses in action ; wills , codicils , or other testamentary documents; wild animals; and items having no economic value cannot be the subjects of acts of common-law larceny. Most states have enacted statutes to expand
8687-407: The goods. Typically, in determining whether the employee had sufficient control the courts will look at factors such as the job title, job description and the particular employment practices. For example, the manager of a shoe department at a store would likely have sufficient control over the shoes that if she converted the goods to her own use she would be guilty of embezzlement. On the other hand, if
8806-444: The house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not. The common-law elements of burglary often vary between jurisdictions. The common-law definition has been expanded in most jurisdictions, such that the building need not be a dwelling or even a building in the conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and
8925-410: The house, unloaded it, placed it in the basement and hooked it up to the house. The "hooking up" is the act that transformed what was personal property to real property. Once it is installed it has become "attached to the land" (the house) and is now considered real property. The attachment to the house has to be more than casual for personal property to become real property. For example, a table lamp that
9044-555: The intent may be to commit any felony or theft. In Canada, breaking is prohibited by section 348 of the Criminal Code . It is an indictable offense when committed in residence, and otherwise a hybrid offense . Breaking and Entering is defined as breaking into a place with intent to commit another indictable offense (including, but not limited to theft). The crime is commonly referred to in Canada as breaking and entering , which in turn
9163-426: The intent to commit a crime, and is a misdemeanor or, in the third degree, a violation. Possession of burglar's tools, with the intent to use them to commit burglary or theft, is a misdemeanor. The Commonwealth of Massachusetts uses the term "burglary" to refer to a night-time breaking and entering of a dwelling with the intent to commit a felony. Burglary is a felony punishable by not more than twenty years; should
9282-448: The intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter." Depending on the circumstances of the crime, burglary can be classified as third, second, first-degree, or life felonies, with maximum sentences of five years, fifteen years, thirty years, and life, respectively. The minimum sentences are probation, 21 months, and 124 1/2 months, except that if
9401-476: The intent to steal is enough. The problem is proof. If a person picks up a package of steaks intending to steal them then changes her or his mind and puts the steak back in the meat counter, the crime of larceny has been committed but the state will have a difficult time proving it. However, if the thief conceals the steaks by sticking them inside clothing, his or her intent is rather clear. Of course, there could still be an innocent if bizarre explanation. That said,
9520-468: The intent to use them in a burglary offense. In the criminal code of New Hampshire , "A person is guilty of burglary if they enter a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter." Under the New York Penal Law , burglary
9639-462: The load off balance. The use of one wheel also permits greater control of the deposition of the load upon emptying. The earliest wheelbarrows with archaeological evidence in the form of a one-wheel cart come from second-century Han dynasty Emperor Hui's tomb murals and brick tomb reliefs . The painted tomb mural of a man pushing a wheelbarrow was found in a tomb at Chengdu , Sichuan province, dated precisely to 118 AD. The stone carved relief of
9758-457: The misappropriation would be larceny. However, officers, managers and employees who have significant authority over the disposition or use of the employer's property have possession rather than custody and the misappropriation of the property would likely be embezzlement rather than larceny. Determining whether an employee has custody or possession can be difficult. A careful examination of the employee's duties and responsibilities, his authority over
9877-589: The night aggravated the offence since the night time was when man was at rest. He also described the night as the time when the countenance of a man could not be discerned. In Pleas of the Crown. A Methodical Summary , Sir Matthew Hale classifies Burglary and Arson as offences "against the dwelling or habitation". In chapter 16 of the fourth book of the Commentaries on the Laws of England , Sir William Blackstone observes that Burglary "... has always been looked on as
9996-458: The owner before he could push the wheelbarrow away. The court held that the defendant's acts did not satisfy the asportation element of larceny because the movement of the wheelbarrow had merely been preparatory to the carrying away. Contrary to popular belief, it is not necessary that the property be removed from the owner's premises or be taken off his property for an asportation to be complete. The slightest movement from its original position with
10115-554: The owner's consent and without intending to return it. The word "larceny" is a late Middle English word, from the French word larcin , "theft". Its probable Latin root is latrocinium , a derivative of latro , "robber" (originally mercenary ). In the state of New South Wales, the common law offence of larceny is punishable with up to 5 years' imprisonment. Whilst section 117 of the New South Wales Crimes Act 1900 specifies
10234-399: The owner, could not be prosecuted for larceny. Clearly the owner of the horse had given the defendant possession of the animal – he had agreed that the defendant could borrow the horse to ride to Surrey. The case would seem to have been cut and dried – the doctrine of possessorial immunity applied and the defendant was therefore not guilty of larceny. The court held that consent induced by fraud
10353-470: The owner. This means that the taking must have been accomplished by stealth, force, threat of force, or deceit. If the offender obtained possession lawfully then a subsequent misappropriation is not larceny. The offender must have taken the property with the intent to steal it. Traditionally intent to steal is defined as the intent to deprive the owner of the possession of the property permanently. "Permanently" means indefinitely, that is, with no plan to return
10472-410: The person had a gun, a judge uses the 10-20-Life Law , 10 years on anyone convicted of committing or attempting to commit any of the above felonies (with certain exceptions), while armed with a firearm or destructive device. If a firearm was discharged, 20 years. If a bullet injures or kills someone, 25 years. A person commits the offense of burglary when, without authority and with the intent to commit
10591-432: The person. Further reforms followed in 1861. Colonial legislatures generally adopted the English reforms. However, while further Criminal Code reforms failed to progress through the English parliament during the 1880s, other colonies, including Canada, India, New Zealand and various Australian states codified their criminal law. At common law , burglary was defined by Sir Matthew Hale as: The breaking and entering
10710-405: The pie's exact center remains in the same place when rotated. The movement must also be an actual asportation, rather than movement in preparation. For example, in one case the victim had left his wheelbarrow in his yard. As was his custom he turned the wheelbarrow upside down to avoid water collecting in the tub. The defendant intending to steal the wheelbarrow turned it over but was apprehended by
10829-458: The possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some jurisdictions. Gloves that defendants were trying to shake off as they ran from the site of a burglary were identified as burglar's tools in Green v. State (Fla. App. 1991). Under Florida State Statutes , "burglary" occurs when a person "enter[s] a dwelling, a structure, or a conveyance with
10948-488: The possibility of wheelbarrows in the Roman Empire and the later Eastern Roman, or Byzantine Empire, although Lewis concludes that the evidence is scarce, and that "most of this scenario, perforce, is pure speculation." The 4th century Historia Augusta reports emperor Elagabalus to have used a wheelbarrow ( Latin : pabillus from pabo , one-wheeled vehicle ) to transport women in his frivolous games at court. While
11067-462: The premises also constitutes the offense of robbery . In some states, a burglary committed during the hours of daylight is technically not burglary, but housebreaking. In many jurisdictions in the U.S., burglary is punished more severely than housebreaking. In California , for example, burglary was punished as burglary in the first degree, while housebreaking was punished as burglary in the second degree. California now distinguishes between entry into
11186-465: The present evidence does not indicate any use of wheelbarrows into medieval times, the question of continuity in the Byzantine Empire is still open, due to a lack of research yet. Currently, there is no evidence for the wheelbarrow in ancient Greece and Rome. The first wheelbarrows in medieval Europe appeared sometime between 1170 and 1250. In contrast to the ones which typically have a wheel in
11305-646: The property and his misappropriation would be embezzlement rather than larceny. However, once the teller transfers possession of the money to his employer, by placing the money in the till for example, the subsequent taking would be larceny rather than embezzlement. This rule does not apply if the teller intending to steal the property places the money in the till merely as a temporary repository or to hide his peculation. Thievery may well involve many items of personal property stolen from multiple victims. Questions arise as to whether such situations are to be treated as one large theft or multiple small ones. The answer depends on
11424-409: The property and the actual business practices is required. If a third party transfers possession of property to an employee for delivery to his employer, the employee has possession of the property and his conversion of the property would be embezzlement rather than larceny. For example, if a customer of a bank delivers money to a teller to deposit in the customer's account, the teller had possession of
11543-432: The property to the owner within a reasonable time. However, it is not a defense that the defendant did not know that the property belonged to the true owner, only that he knew that it did not belong to him. Larceny protects the possession of goods – objects that have economic value. A good has economic value if it has a price; that is, the property can be sold in a market. Thus, if the property taken has no economic value, it
11662-437: The property to the rightful owner. However, intent to steal includes other states of mind such as the intent to recklessly deprive the owner of the property permanently. A person who takes property of another under the mistaken belief that the property belongs to him does not have the requisite intent to steal; nor does a person "intend to steal" property when he takes property intending to make temporary use of it and then return
11781-452: The property. Thus merely knocking an article from a person's hand was not larceny, as long as the defendant did not thereafter take it. The control must be complete. In a famous case, the defendant removed an overcoat from a department store mannequin and began to walk away with it. The overcoat was secured to the mannequin by a chain, a fact the defendant first discovered when the chain drew taut. These actions were held not to be larceny because
11900-647: The punishment for larceny, it is silent on the elements of the offence, leaving them to be articulated by the common law. The leading authority on larceny in NSW is the High Court of Australia case of Ilich v R (1987). This case stipulates the mens rea and actus reus elements required to be proven by the prosecution for a successful conviction. The common law offence of larceny was abolished on 1 August 2002. However, proceedings for larceny committed before its abolition are not affected by this. The common law offence of larceny
12019-451: The purposes of this Code section, the term "railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. O.C.G.A. § 16-7-1. Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one "enters or remains unlawfully" in
12138-409: The same employee were to steal cosmetics from the cosmetic counter, so long as they did not convert the product, the crime would not be embezzlement but larceny. For a case that exemplifies the difficulty of distinguishing larceny and embezzlement see State v. Weaver , 359 N.C. 246; 607 S.E.2d 599 (2005). Using confidence tricks (deception) to get possession of property is larceny. Larceny by trick
12257-458: The section regarding gross theft (Chapter 6, 4s of the Penal Code, grov stöld ) states "in assessing whether the crime is gross, special consideration shall be given to whether the unlawful appropriation took place after intrusion into a dwelling." For theft, the punishment is imprisonment of at most two years, while gross theft carries a punishment of between six months and six years. Burglary
12376-457: The start of Chapter 14 in the third part of Institutes of the Lawes of England (pub. 1644), that the word Burglar ("or the person that committeth burglary "), is derived from the words burgh and laron , meaning house-thieves . A note indicates he relies on the Brooke's case for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English , one of
12495-417: The tangible personal property of another with the intent to permanently deprive the owner of its possession. Larceny is now codified as a statutory crime in all U.S. jurisdictions. Under many states' larceny statutes, including California, larceny can include the taking of "money, labor, or real or personal property." Larceny is a crime against possession. Furthermore, it has two elements which must be met:
12614-504: The text by Pei Songzhi (430 AD) described the design in detail as a large single central wheel and axle around which a wooden frame was constructed in representation of an ox. Writing later in the 11th century, the Song dynasty (960–1279) scholar Gao Cheng wrote that the small wheelbarrow of his day, with shafts pointing forward (so that it was pulled), was the direct descendant of Zhuge Liang's wooden ox. Furthermore, he pointed out that
12733-429: The third century 'gliding horse' wheelbarrow featured the simple difference of the shaft pointing backwards (so that it was pushed instead). Wheelbarrows in China came in two types. The more common type after the third century has a large, centrally mounted wheel. Prior types were universally front-wheeled wheelbarrows. The central-wheeled wheelbarrow could generally transport six human passengers at once, and instead of
12852-570: The twentieth century, and a good example of this is the 'Piepkar', which is a wheelbarrow on rails, and was found in Sumatra on Billiton Island. However, the lower carrying surface made the European wheelbarrow clearly more useful for short-haul work. As of the 1960s, traditional wheelbarrows in China were still in wide use. Although there are records of Chinese sailing carriages from the 6th century these land sailing vehicles were not wheelbarrows, and
12971-426: The unit from its concrete pad and hauling the disconnected unit away in a truck. In most jurisdictions, a central air conditioning unit changes from personal property to real property (a fixture) once it is attached to a building. Modernly, severance of a fixture from the realty would convert the fixture from real property back to personal property. However, the common law stated that if the severance and carrying away of
13090-445: The user. But plastic wheelbarrows are also suited to lighter loads. Steel wheel barrows can handle heavier loads with carrying capacities of up to 110 L (4 cu ft) wet, or 160 L (6 cu ft) dry. Steel wheelbarrows more effectively transport heavy, jagged material without damaging the wheelbarrow and are often better suited to construction applications. In the 1970s, British inventor James Dyson introduced
13209-434: The value of a sheep in the thirteenth century. Most jurisdictions have discarded the grand/petit terminology and use value to classify larcenies as felonies or misdemeanors. "Value" means the fair market value of the property at the time and place taken. Most jurisdictions also make certain larcenies felonies regardless of the value of the property taken. For example, North Carolina General Statutes Section 14 - 72 (b)(1) makes
13328-523: The weight carried entirely by the operator. As such it is a second-class lever . Traditional Chinese wheelbarrows, however, had a central wheel supporting the whole load. Use of wheelbarrows is common in the construction industry and in gardening . Typical capacity is approximately 100 litres (3.53 cubic feet) of material. A two-wheel type is more stable on level ground, while the almost universal one-wheel type has better maneuverability in small spaces, on planks, in water, or when tilted ground would throw
13447-537: The wheelbarrow remained a relative rarity until the 15th century. It also seemed to be limited to England , France , and the Low Countries . The oldest wheelbarrows preserved from Central Europe were found in 2014 and 2017 during archaeological excavations in Ingolstadt , Germany. The felling dates of the trees that make up the wheelbarrow boards could be dendrochronologically dated to 1537 for one wheelbarrow and
13566-452: Was codified by the Larceny Act 1916 . It was abolished on 1 January 1969, for all purposes not relating to offences committed before that date. It has been replaced by the broader offence of theft under section 1(1) of the Theft Act 1968 . This offence did incorporate some of the terminology and substance of larceny. Despite the offence's being abolished in England, it has been retained in
13685-447: Was added in March 2019 as a burglary type offence. In Sweden , burglary does not exist as an offence in itself; instead, there are two available offences. If a person simply breaks into any premise, they are technically guilty of either unlawful intrusion ( olaga intrång ) or breach of domiciliary peace ( hemfridsbrott ), depending on the premise in question. Breach of domiciliary peace
13804-650: Was an irrelevant requirement because in modern criminal law, like the Model Penal Code, the sentencing consequences between an attempted and completed crime are negligible. From its creation the subject matter of larceny has been tangible personal property, with a physical existence: items that can be seen, held, and felt (or in technical terms, property that has a "corporeal existence"). This limitation means that acts of common law larceny cannot be committed against land or items attached to or forming part of land, such as buildings, trees or shrubbery , crops growing in
13923-408: Was assumed "borrowing" if there was no one to ask: unless or until other factors arose (such as refusal to return promptly when asked). The taking or caption element requires that the offender take actual physical control of the property, if but for a moment. Under the common law, it was not sufficient if the offender simply deprived the victim of possession; the offender must have gained control over
14042-492: Was invented in China around 100 AD and spread to the rest of world. However, Lewis proposes that the wheelbarrow could have also existed in ancient Greece . Based on the Eleusis list, Lewis states that it is possible that wheelbarrows were used on Greek construction sites, but admits that evidence for the wheelbarrow in ancient farming and mining is absent. He surmised that wheelbarrows were not uncommon on Greek construction sites for carrying moderately light loads. He speculates
14161-504: Was not consent in the eyes of the law. The fraudulent act that induced the owner to transfer possession "vitiated" the consent. This concept of consent broadened the scope of larceny. Before, consent meant the voluntary relinquishment of possession and thus property was wrongfully taken only if the defendant acquired possession by stealth, force or threat of force. An employee is generally presumed to have custody rather than possession of property of his employer used during his employment. Thus
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