Petit Larceny

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Petit Larceny is a misdemeanor criminal offense defined in section 155.25 of the Penal Law.

Definition[edit]

The statutory definition of Petit Larceny is:

"A person is guilty of petit larceny when he steals property."[1]

Cross-References[edit]

Petit Larceny may be charged as a hate crime if other, necessary factors are present.[2]

Petit Larceny is a "specified offense" for purposes of charging the offense of Public Corruption.[3]

Sentence[edit]

In general, a conviction for Petit Larceny is sentenced as a Class A misdemeanor.[4] A conviction for an attempt to commit Petit Larceny is sentenced as a Class B misdemeanor[5], while a conviction for Petit Larceny as a hate crime is sentenced as a Class E felony[6].

If the property stolen was timber, an additional punishment may apply:

"[T]he court may . . . direct the defendant to pay the rightful owner of such timber an amount equal to treble the stumpage value of the timber stolen as defined in section 71-0703 of the environmental conservation law and for any permanent and substantial damage caused to the land or the improvements thereon as a result of such violation. Such reparations shall be of such kind, nature and extent as will reasonably restore the lands affected by the violation to their condition immediately before the violation and may be made by physical restoration of such lands and/or by the assessment of monetary payment to make such restoration."[7]

Practice Points[edit]

practice points

Notable Decisions[edit]

notable decisions

References[edit]

  1. Penal Law § 155.25.
  2. Penal Law § 485.05.
  3. Penal Law § 496.06.
  4. Penal Law § 155.25.
  5. Penal Law § 110.05 (8).
  6. Penal Law § 485.10 (2).
  7. Penal Law § 60.27.