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Types of Larceny in New Jersey

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    Definitions

    • Larceny consists of the theft of an item, trespassing, theft and asportation. Larceny is a crime based on property, not real estate or services rendered. If the person taking the property did not reasonably know who had ownership of the property, larceny has not been committed.

    Trespassing

    • New Jersey law defines trespassing as the unlawful entrance or interference to another's property, rights or self. In order for larceny to have been committed, trespassing must have been an aspect of the act. If trespassing has not occurred, charges may include theft or grand theft.

    Asportation

    • In order for larceny to have been committed, the act of asportation must be committed. New Jersey law defines asportation as the transportation of stolen property from the original location to another location for the purpose of sale or capital gain. Without the property leaving its original place, the theft has not been committed in the eyes of the law. In the absence of asportation, trespassing or conspiracy may be charged.

    Punishment

    • Depending on the value of the goods, the punishments implemented by the court system will vary. Defendants found guilty are responsible for the court costs and fines, as well as possible jail time and restitution. If the criminal is a minor, the parent or guardian is responsible for the cost of goods stolen.

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