Larceny by trick refers to a form of theft where a person obtains property from its rightful owner through deception. This typically involves misleading the owner into believing they are temporarily giving up their property for a specific purpose. The key element is that the owner is tricked into surrendering their property based on false pretenses.
This term is primarily used in criminal law, as it pertains to theft offenses. Larceny by trick can be prosecuted in various jurisdictions and may involve different legal procedures depending on the state. Individuals accused of this crime may find it beneficial to utilize legal templates from US Legal Forms to assist in their defense or to understand their rights.
Here are a couple of examples of abatement:
Example 1: A person convinces a neighbor to lend them a lawnmower, claiming they need it for a day. Instead, they keep it without the owner's consent. (hypothetical example)
Example 2: An individual poses as a charity worker and persuades someone to donate their old electronics, intending to sell them instead of using them for charitable purposes. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Definition Variance |
|---|---|
| California | Larceny by trick may be categorized under petty theft if the value is low. |
| Texas | May include additional charges if deception involved a false identity. |
| New York | Considered a form of grand larceny if the value exceeds a certain threshold. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Larceny | The unlawful taking of someone else's property with the intent to permanently deprive them of it. |
| Fraud | Deceptive practices intended to secure unfair or unlawful gain. |
| Embezzlement | The misappropriation of funds placed in one's trust or belonging to one's employer. |
If you believe you are involved in a situation related to larceny by trick, consider taking the following steps:
In complex cases, seeking professional legal help is advisable.
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| Attribute | Details |
|---|---|
| Typical Penalties | Fines, restitution, and possible jail time depending on the severity. |
| Jurisdiction | State law varies; consult local statutes for specifics. |
| Possible Defenses | Lack of intent, misunderstanding, or consent from the owner. |
Larceny by trick specifically involves deception to obtain property, while theft is a broader term that includes various forms of unlawful taking.