Larceny by stealing



Larceny by stealing is governed by Massachusetts General Law Chapter 266, Section 25



The common law definition of larceny by stealing is taking the property of another with the intend to permanently deprive them of that property therein.  This means that even the slightest movement of the property from its original location constitutes larceny if the intent was formed to steal the item before you moved it.  If you were to change your mind and return the item, you are still guilty of larceny by stealing.  



The Massachusetts statute focuses on the penatly only and states as follows:



Section 25. "(a) Whoever commits larceny by stealing from the person of a person sixty-five years or older shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years. Whoever, after having been convicted of said crime commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until one year of said sentence has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence...." 




Attorney at Law