When someone is accused of stealing property, the terms larceny and theft are often used interchangeably. But are they really the same thing? While the two terms are closely related, there are some important distinctions—especially when looking at how different jurisdictions define and prosecute these crimes, including the debate of larceny vs theft.
What is Theft?
Theft is a broad legal term that covers any unlawful taking of someone else’s property with the intent to permanently deprive them of it. It includes various types of stealing, such as:
- Shoplifting
- Embezzlement
- Burglary
- Identity theft
- Auto theft
In modern criminal codes—including Maryland Criminal Law § 7-104—theft is used as an umbrella term that covers both larceny and related offenses.
What is Larceny?
Larceny is a more traditional legal term that historically referred to the unlawful taking and carrying away of personal property. It was one of several common law crimes that later got consolidated under broader statutes.
Key elements of larceny typically include:
- Taking property without the owner’s consent
- Carrying it away
- Intent to permanently deprive the owner
Maryland Law: Theft Has Replaced Larceny
In Maryland, the old distinctions between larceny, embezzlement, and false pretenses no longer apply. The state has adopted a consolidated theft statute under § 7–102 to § 7–104, meaning all forms of unlawful taking are prosecuted under a single law.
So while “larceny” may still appear in older case law or out-of-state statutes, Maryland courts now refer only to theft.
Why the Terms Still Matter
Even though “larceny” and “theft” mean nearly the same thing in everyday use, the distinction can still be relevant when:
- Interpreting older case law
- Comparing laws across states
- Understanding federal vs. state charges
For example, some states like North Carolina and New York still use the term larceny in their criminal codes, while others have moved to broader theft statutes like Maryland.
Penalties for Theft in Maryland
Penalties for theft in Maryland depend on the value of the property involved:
- Under $100: Misdemeanor, up to 90 days in jail
- $100–$1,500: Misdemeanor, up to 6 months to 1 year in jail
- Over $1,500: Felony, with penalties ranging from 5 to 20 years in prison
Restitution and fines are also commonly ordered.
Need Help Fighting a Theft Charge?
If you or someone you love is facing theft charges in Southern Maryland, including Charles, Prince George’s, Calvert, or St. Mary’s County, don’t wait to get experienced legal help.
Contact Southern Maryland Criminal Defense today to schedule your free consultation.
