Larceny by Stealing from a Person
Massachusetts General Laws Chapter 266 §25(b) concerns itself with larceny by stealing from a person. Larceny from the person is the wrongful taking of personal property from the person of another, or from the immediate area of control of another, with the intent to deprive that person of such property permanently. This is a lesser-included offense of the crime of robbery. The laws provides that anyone who commits larceny by stealing from the person of another shall be punishable by the following:
- Imprisonment in the state prison for no more than 5 years, or
- Imprisonment in jail for no more than 2.5 years.
PERSONS 65 YEARS OR OLDER
M.G.L. c. 266, s. 25(a) dictates that any individual who commits larceny by stealing from the person of another person over the age of 65 is punishable under the law. This is an aggravated form of the larceny by stealing from a person offense. In either grand larceny or petit larceny cases, a court may order restitution for the value of the property to be paid to the victim. A conviction for larceny from a person 65 years or older shall result in the following punishments:
- Imprisonment in the state prison for not more than 5 years, or
- Imprisonment in the house of correction for more than 2.5 years, or
A conviction for larceny by stealing from a person, at whatever age, shall result in the mandatory imprisonment for 2 years for any second or subsequent offenders. Furthermore, the sentence is not eligible to be reduced, nor shall the offender be eligible for probation, parole, furlough, work release, until one year of the sentence has been served.
In order to secure a conviction for a charge of larceny by stealing from the person, the prosecution is required to prove four elements of the crime beyond a reasonable doubt:
- The defendant took and carried away property;
- The property was owned or possessed by someone other than the defendant;
- The defendant took the property from the person of someone who owned or possessed it, or from such a person’s area of control in his or her presence; and
- The defendant did so with the intent to deprive that person of the person permanently.
Boston, Massachusetts Theft Crimes Defense Attorney
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