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Posted: 4/30/2009 7:19:19 PM EDT
Does this mean a dude that steals a box of nails could be convicted of a felony?

750.360 Larceny; places of abode, work, storage, conveyance, worship and other places.

Sec. 360.

Any person who shall commit the crime of larceny by stealing in any dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room or any building used by the public shall be guilty of a felony.

Link Posted: 4/30/2009 7:22:58 PM EDT
hope so.  someone who takes something that isn't theirs is just as bad as any other criminal scum
Link Posted: 4/30/2009 7:27:19 PM EDT
Originally Posted By Bugalaman:
hope so.  someone who takes something that isn't theirs is just as bad as any other criminal scum




I dont know I usually put murderers and rapists in a category seperate from petty theives.
Link Posted: 4/30/2009 7:28:40 PM EDT
at least it wasn't a pressure washer.
Link Posted: 4/30/2009 7:29:36 PM EDT
isn't larceny theft over a certain dollar amount like 500 or 1000?
Link Posted: 4/30/2009 7:29:48 PM EDT
750.356 defines the various levels of larceny. Felony larceny starts at $1000
Link Posted: 4/30/2009 7:34:52 PM EDT
[Last Edit: 4/30/2009 7:35:23 PM EDT by USGI_45]
Originally Posted By Barrelburner:
750.356 defines the various levels of larceny. Felony larceny starts at $1000




Ah thanks thats make more sense. I feel stupid, I just assumed that larceny meant stealing
Link Posted: 4/30/2009 7:41:12 PM EDT
NY PL it has to be with out permission or authority to be in.  
Example.  Your in the public room of a hotel (Lobby) not burg.
                You pick the lock to a guest room no damage that's a burg.
                You enter the unlocked store room with the door left open and steal a bottle of soda, that's a burg.
Link Posted: 4/30/2009 7:42:22 PM EDT
Originally Posted By USGI_45:
Does this mean a dude that steals a box of nails could be convicted of a felony?

750.360 Larceny; places of abode, work, storage, conveyance, worship and other places.

Sec. 360.

Any person who shall commit the crime of larceny by stealing in any dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room or any building used by the public shall be guilty of a felony.




IIRC that was originally cooked up to give non-police the right to make an arrest that really should be a misdemeanor. ie shoplifting.

Citizens have the right to make felony arrests, Police have an additional authority to make misdemeanor arrests, citizens do not.  A lot of that changed with the newer (to me at the time ) retail fraud laws.

Back in the old days shoplifters were arrested for a felony by loss prevention, but were always charged with the misdemeanor unless it was a 2nd or 3rd offense.

- Old time flatfoot here.
Link Posted: 5/1/2009 12:38:39 AM EDT
Technically, in CA entering a Home Depot with a plan to steal a box of nails is burglary - it's the entering with the intent to steal that makes it burglary - and burglary is a felony.  I've arrested plenty of people for commercial burglary when the items taken were less than $400 (Grand Theft vs Petty Theft is $400) because they had wire cutters or foil lined bags/purses (burg tools).

Brian
Link Posted: 5/1/2009 4:00:35 AM EDT
In Calif., breaking into a car to commit larceny is a felony.  And, Dudes, look at this:  

COLUMBIA, S.C. –– An S.C. magistrate has been charged with breaking into another judge's car in Columbia.

State Law Enforcement Division warrants accuse Oconee County Chief Magistrate Rebecca Gerrard of Seneca with breaking into a car, simple larceny and misconduct in office.

Gerrard, 60, is accused of breaking into the car of Clemson Municipal Judge Deborah Culler last month and pouring a liquid on the seat and floor.

Gerrard resigned the post she's held for nearly 27 years on Friday.

She turned herself in Monday and was released on a personal recognizance bond.

Gerrard did not immediately return a phone message to The Associated Press on Tuesday.

The misconduct charge carries a maximum sentence of one year in prison. Both the larceny and breaking into a vehicle carry maximum penalties of five years in prison.
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