Chapter 7 Larceny, Embezzlement and Related Crimes

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 7 Larceny, Embezzlement and Related Crimes

This chapter covers:

• Larceny,
• Shoplifting,
• Embezzlement, and
• False Pretenses.

A. Grand and petty larceny; S.C. Code Ann. § 16-13-30

Although South Carolina has a larceny statute, courts continue "to use the standard common law definition of larceny as a trespassory taking and carrying away of the property of another with the intent to steal." McAninch, Fairey, and Coggiola, THE CRIMINAL LAW OF SOUTH CAROLINA, 542 (6^th ed. 2013) (hereafter, McAninch, Fairey, and Coggiola (2013)). Stated another way: "Larceny is the felonious taking and carrying away of the goods of another against the owner's will or without his consent" with the intent to permanently deprive the owner of the goods. State v. Moore, 649 S.E.2d 84, 88 (S.C. Ct. App. 2007).

The larceny statute prohibits petit larceny, which involves stealing goods of another valued at two thousand dollars or less, and grand larceny which involves stealing goods of another valued at more than two thousand dollars. S.C. Code Ann. § 16-13-30.

The petit larceny portion of the statute refers to larceny of "any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed, or of any fixture, part, or product of the soil severed from the soil by an unlawful act." S.C. Code Ann. § 16-13-30(A). Grand larceny is the larceny "of goods, chattels, instruments, or other personalty valued in excess of two thousand dollars." S.C. Code Ann. § 16-13-30(B).

Pursuant to S.C. Code Ann. § 16-13-35, where a "credit card currently in force is the subject of a larceny, the value of the same shall be prima facie presumed to be greater than fifty dollars." "Credit card" includes "identification card, credit number, credit device or other credit document issued to a person by a business organization which permits such person to purchase or obtain goods, property or service on the credit of such organization."

1. Elements

The property belonged to another person; it was not owned in part by the defendant. One cannot steal from oneself. See State v. Jackson, 433 S.E.2d 19, 21 (S.C. Ct. App. 1993). "Larceny involves the felonious taking and carrying away of the goods 'of another.' It is essential that the stolen goods be owned by someone other than the thief, but it is not ordinarily essential that the thief should know who the owner is." State v. Sweat, 70 S.E.2d 234, 235-36 (S.C. 1952) (citation omitted).

The defendant took the property and carried it away; these acts are known as "caption" and "asportation." The slightest movement is ordinarily all that is required. See State v. Tindall, 50 S.E.2d 188, 190 (S.C. 1948). "There is a caption when the defendant takes possession; he takes possession when he exercises dominion and control over the property." 3 WHARTON'S CRIMINAL LAW § 357 (15^th ed.) (footnote and citations omitted).

So long as the article is removed from the possession of the owner and taken into the possession of the defendant, it does not have to be removed from the premises to support the charge. State v. Moultrie, 322 S.E.2d 663, 664 (1984) (conviction for stealing three tires upheld where two tires were moved by defendant 33 feet from the tire rack and only one was removed from the premises). "Given a caption and asportation, a larceny is committed even if immediately thereafter the defendant abandons the property or returns it to the owner." 3 WHARTON'S CRIMINAL LAW § 357 (15^th ed.) (footnote omitted).

The taking of the property must have been without proper authorization from the owner (by trespass) and the defendant must have removed the property from the owner's possession. South Carolina courts often use "felonious" for "trespass." See McAninch, Fairey, and Coggiola, 343 (2013). "To make out the offense of larceny, there must be a felonious purpose. The taking must be done amino furandi - with a view of depriving the true owner of his property and converting it to...