What Is Petty Larceny?
Larceny is the crime of taking property without right or permission. It was one of the original felonies under English common law, which means offenders could face imprisonment upon conviction.
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Many jurisdictions divide larceny into two categories: petty and grand, based on the value of the property allegedly stolen. These terms are taken from the French terms for big (grand) and small (petit).
There was no commonly accepted dividing line between grand and petit larcenies in English common law, and states that use this distinction have no shared definition for petty or grand larceny. As a result, a petty larceny in one state might qualify as grand larceny in another.
Missouri has done away with all of these terms, although the concepts remain. Instead of using the term “larceny,” state statutes call the offense “stealing.” Similarly, rather than having grand or petty offenses, the state has seven offense levels, depending on the type and value of the property.
The lowest two levels could be considered petty larceny because they are treated as misdemeanors rather than felonies. However, the state does not use this term to describe these offenses.
Petty Larceny Under the Missouri Revised Statutes
Criminal offenses involving theft appear in Chapter 570 of the Missouri Revised Statutes. This chapter covers robbery, stealing, and related offenses.
These laws impose punishments on thefts of all types. Such penalties often vary based on the nature of the property, its value, and how it was stolen. The following statutes cover many of these offenses:
Stealing
Stealing occurs when the defendant takes property from someone with lawful possession of it. The taking must occur with the intent to deprive the person of the property. It must also happen without the person’s permission or by using deceit or coercion.
Missouri law provides some definitions to clarify this offense. “Deprive” means to withhold the property permanently, hold it until the victim pays a reward or ransom, or use or dispose of the property that frustrates recovery. Thus, all of the following would meet the “deprivation” element of petty larceny:
- Taking a candy bar from a grocery store and eating it
- Removing someone’s dog from their yard and returning it for a reward
- Riding someone’s bicycle away and then hiding it
Prosecutors can prove deceit with evidence showing that the accused made a misrepresentation they knew to be false but on which the victim relied when giving up their property. For example, prosecutors might accuse the defendant of scamming a victim by selling them a “diamond” ring for $100 that only held cut glass.
Finally, coercion involves a threat. The threat may include a criminal offense, physical injury, or an accusation of an offense. Coercion also includes blackmail in which the accused threatens to expose someone to hatred or ridicule or harm their credit or business reputation. Finally, it covers bribery in which the accused allegedly threatened to withhold action as a public servant unless the victim gave up their property.
Missouri’s general stealing statute covers all thefts, regardless of property type and value. However, it includes extra punishment for certain thefts, even if they have a low value.
For example, the theft of a building’s U.S. flag is a felony, despite the flag’s monetary value. Similarly, stealing illegal drugs or methamphetamine precursors is a felony regardless of the value. In short, stealing these types of property might be petty in terms of their value but will still be punished as a felony.
The lowest categories of stealing cover the general rules for petty larceny. If the property is not associated with a special punishment and has a value under $750, stealing it is a Class A misdemeanor. If the property is not a special type and is worth $150 or less, a first offense of stealing is a Class D misdemeanor.
Lost Property
Missouri has several other statutes that cover petty thefts. Keeping lost property can be theft if the accused knew or had a way to find the true owner. Thus, keeping a $100 bill you found on the ground is theft if you saw the owner drop it.
Altering Identifying Numbers
It is a crime to alter or destroy the serial number on a piece of property to deprive the owner of it. For example, suppose that you rented a television from an appliance rental shop. If you remove the serial number so that you can pawn it, you have committed an offense, even if the TV is only worth a few hundred dollars.
Library Theft
Keeping or defacing library materials is a criminal offense if you violate the library’s lending terms. The library theft statute uses the categorizations created in the stealing statute. This means retaining a book worth $30 qualifies as petty larceny, whereas destroying a library’s computer might qualify as felony theft.
Robbery
Robbery occurs when the accused takes or attempts to take property from someone else using force or threats of force. Robbery is a felony regardless of the property’s value. Therefore, if the accused took someone’s lunch by hitting them over the head, prosecutors can pursue robbery and assault charges even if the lunch was only worth $5.
Possible Defenses Against Petty Larceny Charges in St. Louis, MO
Your criminal defense attorney has several possible criminal defense strategies for dealing with stealing charges. The right defense for your case depends on the unique facts of your situation. The following defenses can apply to petty larceny charges:
Claim of Right
A claim-of-right defense applies when you assert that you had or believed you had the right to the property. Specifically, you can raise this defense when you have proof took the property in either of the following situations:
- You honestly believed you had the right to take it
- You honestly believed the owner consented or would have consented
For example, you can assert a claim of right against petty theft charges when you mistakenly picked up someone else’s phone at a restaurant and did not realize you took it until after you got home.
Alibi
An alibi explains that you were not present at the crime scene or could not have committed the crime. For instance, an alibi witness might testify that you were with them when prosecutors allege you were stealing a candy bar from the grocery store.
Lack of Intent
Stealing requires the specific intent to deprive the victim of the property. You can defend yourself by showing you lacked the necessary intent. For example, suppose that you picked up someone else’s watch in the mistaken belief that it was yours and accidentally dropped it, rendering it inoperative. You might not have stolen the watch because you did not intentionally deprive them of it.
