Legal Definitions - larceny by trick

Larceny by trick is a specific type of theft where an individual obtains physical possession of someone else's property through a deceptive statement or a clever ruse, with the intent to permanently keep it. The crucial element is that the owner of the property is tricked into giving up only the physical control (possession) of the item, not the legal ownership (title). The person committing the larceny by trick never intends to return the property, despite their deceptive promises or actions.

Here are some examples to illustrate this concept:

• Example 1: The "Borrowed" Camera

  Imagine a person tells a friend they need to borrow their high-end camera for a photography competition, promising to return it the next day. The friend, believing the story, hands over the camera. However, the borrower never intended to enter a competition or return the camera; they immediately sell it online. This is larceny by trick because the friend was tricked into giving up possession of the camera based on a false story, but they never intended to transfer ownership. The borrower obtained the camera through deception with the intent to permanently deprive the friend of it.

• Example 2: The Fake Repair Service

  A scammer approaches a homeowner, claiming to be a representative from a reputable appliance repair company. The scammer convinces the homeowner that their washing machine requires an urgent, expensive repair and that they need to take the machine to their shop for specialized work. The homeowner, believing the scammer's false credentials and urgent diagnosis, allows them to take the washing machine. The scammer then disappears with the appliance, never intending to repair or return it. Here, the homeowner was tricked into surrendering possession of the washing machine, but not its ownership, based on a fraudulent claim of service.

• Example 3: The "Investment" Scheme

  A con artist persuades an art collector to "loan" a valuable painting for a short period, claiming it will be featured in a prestigious, but entirely fictional, art exhibition that will significantly increase its value. The collector, swayed by the promise of future gain and the painting's return, allows the con artist to take the artwork. The con artist then vanishes with the painting, intending to sell it. This scenario demonstrates larceny by trick because the collector was deceived into giving up possession of the painting for a supposed temporary purpose, but never intended to relinquish ownership. The con artist used a false pretense to gain control of the property with the intent to steal it.