Legislative Amendments to Larceny Laws
Sticky-fingered Sam goes to the local shoe store to purchase a new pair of shoes. The last pair of shoes in her size are priced at $150. Deciding that these […]
June 13, 2023
The Title is Affeer’d: Larceny or False Pretenses?
The perpetrators in State v. White, No. COA22-369, 2023 WL 3471116 (N.C. Ct. App. May 16, 2023), wrongfully obtained merchandise from a Walmart by purchasing an $89 child’s car seat […]
March 2, 2021
The “Single Taking” Rule
About a year since the COVID-19 pandemic began, an increasing number of businesses have transitioned to touchless and contactless payments, with the use of cash taking a backseat to debit […]
October 28, 2019
Who is the Victim When a Defendant Steals a Decedent’s Personal Property?
When a defendant steals personal property that belonged to someone who recently died, who should be alleged as the victim in the criminal pleading? I’ve been asked this question several […]
January 10, 2018
Theft, Possession, and Hendricksen
Defendant commits an armed robbery in county A, obtaining stolen goods that he transports to county B. May the defendant be prosecuted and punished for armed robbery in county A […]
October 30, 2017
“Belk’s Department Stores, an entity capable of owning property”
The court of appeals recently decided that an indictment alleging that a defendant stole some shirts from “Belk’s Department Stores, an entity capable of owning property,” did not sufficiently identify […]
November 21, 2016
Shoplifting and Larceny
I recently had occasion to think about the relationship between shoplifting and larceny.
March 1, 2016
Is Misdemeanor Trespassing and Misdemeanor Shoplifting Really a Felony?
The web has several stories about large retail stores banning people caught shoplifting from returning, sometimes for life, sometimes from all of the stores in the chain. Sometimes the incident […]
February 3, 2015
The Doctrine of Recent Possession
Recently a caller asked: Does the fact that the defendant was found in possession of goods five days after they were stolen create an inference that he stole them? The answer: […]
September 23, 2014
Proving That Larceny of a Motor Vehicle Is a Felony
In some states, theft of an automobile is a felony regardless of the value of the vehicle. See, e.g., Fla. Stat. § 812.014. Not so in North Carolina. Motor vehicles […]
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