Legal Definitions - larcenous intent

Larcenous Intent

Larcenous intent refers to the specific mental state required for the crime of larceny, which is theft. It means that a person not only takes someone else's property without their permission but also does so with the deliberate purpose of permanently depriving the owner of that property. It's the intention to keep the item for oneself or to dispose of it in a way that prevents the rightful owner from ever getting it back.

• Example 1: Shoplifting
  A customer walks into a department store, selects an expensive watch, removes its security tag, and conceals it in their bag before attempting to leave the store without paying.

  This illustrates larcenous intent because the customer's actions—removing the tag, concealing the item, and attempting to exit without payment—demonstrate a clear intention to take the watch permanently without the store's consent and without paying for it.

• Example 2: Employee Embezzlement
  An accountant for a small business regularly diverts small amounts of money from the company's operating account into a personal offshore account, intending to use these funds for their own expenses and never to return them to the business.

  Here, the accountant exhibits larcenous intent. They are taking company property (money) without permission and with the explicit purpose of permanently depriving the business of those funds for their personal gain.

• Example 3: Keeping Found Property
  While walking in a park, someone discovers a high-end smartphone lying on a bench. Instead of attempting to find the owner or turn it into lost and found, they immediately decide to keep it for themselves, planning to reset it and use it as their own.

  This scenario demonstrates larcenous intent because, at the moment the person decides to keep the phone and integrate it into their own possessions rather than seeking the rightful owner, they form the intention to permanently deprive the actual owner of their property.