The single larceny doctrine is a legal principle in criminal law that states if a person steals multiple items at the same time and place, the act can be considered a single instance of larceny, provided that the theft is part of a unified plan. This means that whether the items belong to one owner or several, if the intent to steal them is the same, it counts as one crime.
This doctrine is primarily used in criminal law, particularly in cases involving theft or larceny. It helps determine how many counts of larceny a defendant may face. For example, if someone steals several items from different owners in a single event, they may be charged with only one count of larceny instead of multiple counts. The single larceny doctrine can also apply to cases of embezzlement, where the intent of the person committing the act is crucial in defining the number of offenses.
Here are a couple of examples of abatement:
In the case of State v. Klasner, a person was charged with larceny for taking nineteen cattle on the same day from a single area, even though they belonged to different owners. The court ruled this constituted one act of larceny.
(Hypothetical example) If someone steals several bicycles from a park during a single incident, they may be charged with one count of larceny under the single larceny doctrine.
Examples of state differences (not exhaustive):
| State | Application of Single Larceny Doctrine |
|---|---|
| California | Applies similarly; theft of multiple items can be charged as one offense if part of a single plan. |
| New York | Also follows the single larceny doctrine, treating simultaneous thefts as one act. |
| Texas | Recognizes the doctrine, but specifics can vary based on intent and circumstances. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Single larceny doctrine | Considers multiple thefts as one act if part of a single intent. |
| Multiple larceny | Charges for each theft separately, regardless of timing or intent. |
| Embezzlement | Theft of funds or property entrusted to someone, which can also apply the single larceny doctrine. |
If you are facing charges related to theft or believe the single larceny doctrine applies to your situation, consider the following steps:
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It is a legal principle that allows multiple thefts to be treated as one offense if they are part of a single plan.