In Baltimore, MD, is Larceny The Same As Stealing?
Baltimore Criminal defense lawyers like Attorney Eric T. Kirk are likely well versed on the Maryland theft statue, an omnibus or catchall provision, covering all manner of nefarious conduct, previously punished as specific common law crimes. The modern theft statute punishes the crimes formerly known as larceny, embezzlement, shop lifting and receiving stolen property.
Theft in Baltimore, MD: The current law.
“Theft constitutes a single crime embracing the former separate crimes of larceny, larceny by trick, larceny after trust, embezzlement, false pretenses, shoplifting and receiving stolen property.” Ogburn v. State 526 A.2d 614. “In Maryland, the common law crime of larceny was traditionally defined as “the intentional taking, without legal warrant, of the personal property of another with the unlawful intention to deprive the owner of such property.” (citation and internal quotation marks omitted). In Maryland the General Assembly consolidated a number of theft-related offenses … into a single newly created statutory offense known as theft. The General Assembly expanded the common law definition of “property” to include, among other things, “real estate” and “things growing on or affixed to, or found on land, or part of or affixed to any building [.] That definition remains in force today.” Id “The theft statute distinguishes between “personal property” and “property”. The modern consolidated theft statute does not distinguish, however, between “movable” and “immovable” property. In addition, the modern consolidated theft statute does not require asportation of property. Hobby v. State, 436 Md. 526.
Theft v. Baltimore Larceny: The Key Differences
Theft under Maryland Code § 7-104 significantly differs from common law larceny by its broader scope and modernized consolidation of various property crimes. Common law larceny traditionally required the unlawful taking and carrying away of personal property belonging to another, with the intent to permanently deprive the owner of it. This definition was narrow, as it excluded acts like embezzlement, obtaining property through false pretenses, and theft of intangible items. In contrast, Maryland’s theft statute under § 7-104 integrates and expands the definition of theft to encompass multiple criminal behaviors. This includes larceny, embezzlement, obtaining property by deception, possession of stolen property, and unauthorized control over another’s property. The statute eliminates the strict common law requirement of asportation (physical carrying away). It also includes theft of services and intangible assets, reflecting the complexities of modern commerce. Another key difference is that Maryland law allows aggregation of theft amounts over a specified period to determine the severity of the offense, potentially elevating misdemeanor theft to felony theft based on cumulative value. This is not a feature of common law larceny.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
