New York Theft and Shoplifting Laws

If you're looking for a New York online theft class, it's important to know your New York theft laws. This can help you understand more about your offense.

Please note that the New York theft and shoplifting laws displayed on this page are to aid you in understanding your local New York theft, shoplifting and stealing laws. While we have tried to show the latest version of New York theft laws, we do not guarantee its accuracy. This page is not a substitute for legal advice from an attorney. We suggest that you find an appropriate lawyer for more information about New York theft laws.

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New York Larceny Laws Explained

Larceny Definitions (§155.00):

In New York, larceny involves the unlawful taking or withholding of someone else’s property with the intent to deprive the owner of it. The term "property" covers a wide range of items, including money, real estate, personal property, computer data, electricity, and more. To "obtain" means bringing about the transfer of property or an interest in property, either to yourself or another person.

To "deprive" someone of property means to withhold it permanently or for such a long period that the person loses most of its value. Alternatively, it can involve disposing of the property in such a way that the owner is unlikely to get it back. "Appropriate" refers to taking control of someone else’s property for yourself or a third person, either permanently or for an extended period, with the goal of obtaining its value or benefit.

An "owner" is any person who has a right to possession of property greater than the person taking it. If you have stolen property, you have a right to possess it superior to someone who tries to take it from you by larceny. Joint owners of property do not have greater rights over each other in this context, and someone who holds a security interest in property generally has a weaker claim to possession than the person in lawful possession.

"Secret scientific material" refers to items that represent or record scientific processes or inventions, which provide an advantage to those possessing them and are not available to the public. A "credit card" or "debit card" refers to their usual definitions under New York law, while a "public benefit card" includes government-issued cards for benefits like food stamps. An "access device" includes various numbers or codes used to access services such as telephone service.

"Service" includes labor, professional services, utilities, and more. The term "cable television service" refers to services provided by a cable system or similar technology.

Larceny Defined (§155.05):

Larceny occurs when someone unlawfully takes or withholds property from its owner with the intent to deprive them of it or to appropriate it for themselves or another person. This can happen in several ways, such as through theft by trickery, embezzlement, obtaining property by false pretenses, or issuing a bad check.

Larceny can also occur if someone takes control of lost or misdelivered property without trying to return it or if they acquire property by making a false promise to perform an act in the future with no intention of doing so. Extortion is another form of larceny, where someone uses threats of harm, accusation, or other coercion to force someone to give up property.

No Defense for Extortion-Related Larceny (§155.10):
If someone commits larceny through extortion, they cannot argue that they were also involved in receiving a bribe as a defense. The two crimes are separate and both can be prosecuted.

Larceny Defenses (§155.15):
In some larceny cases, there are defenses available. For example, it is a defense if the person took the property under a good faith belief that they had a right to it. In cases of extortion where the fear instilled was that of being charged with a crime, the defendant can defend themselves by proving they believed the accusation was true and were only trying to compel the victim to address the wrong.

Determining the Value of Stolen Property (§155.20):

The value of stolen property is usually based on its market value at the time and place of the crime. If the market value can’t be determined, the replacement cost is used. The value of certain items, like checks or tickets, is calculated based on their face value or the amount due. If the property stolen is a utility, such as gas or electricity, the value is based on how much was stolen over a 12-month period. If the value is hard to determine, it is presumed to be less than $250.

Petit Larceny (§155.25):

Petit larceny is the crime of stealing property and is classified as a class A misdemeanor in New York.

Grand Larceny in the Fourth Degree (§155.30):

Grand larceny in the fourth degree occurs when the value of stolen property exceeds $1,000 or if the stolen item is a public record, secret scientific material, a credit or debit card, a firearm, a motor vehicle, or certain religious items. It also applies if the property was obtained through extortion or was taken directly from another person. This crime is a class E felony.

Grand Larceny in the Third Degree (§155.35):
This occurs when the stolen property is worth more than $3,000 or if the stolen item is an automated teller machine or its contents. This offense is classified as a class D felony.

Grand Larceny in the Second Degree (§155.40):

A person is guilty of grand larceny in the second degree if the value of the stolen property exceeds $50,000 or if the property was obtained through extortion involving threats of injury, property damage, or misuse of a public servant's position. This is a class C felony.

Grand Larceny in the First Degree (§155.42):

When the value of the stolen property exceeds $1 million, the crime is classified as grand larceny in the first degree, a class B felony.

Aggravated Grand Larceny of an ATM (§155.43):

This offense occurs when someone commits grand larceny involving an automated teller machine (ATM) and has been convicted of grand larceny in the third degree within the last five years. It is a class C felony.

Pleading and Proof Requirements (§155.45):

In cases of larceny where the property was taken from a person or obtained by extortion, the indictment must specify this. In other larceny cases, it is sufficient to allege that the defendant stole property without specifying the exact method. Proof of any conduct constituting larceny is sufficient for most cases, except in cases of extortion, which require proof of extortion specifically.

These laws outline various forms of larceny, the definitions involved, and the penalties that accompany different levels of theft in New York.

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