Larceny Vs. Burglary

Larceny and burglary are crimes that punish the unlawful interference against property. It follows that some of the elements necessary to convict someone for these crimes are the same. However, even though they protect property, they punish different types of conduct toward that property. Thus, some of the elements necessary to convict someone for these crimes are different.


      Breaking
   1. Burglary and larceny are different when it comes to the issue of whether a breaking into a structure is required. A burglary conviction requires that there be a showing that the accused broke into someone's home. However, there is no such requirement for a larceny conviction.
      Entering
   2. Burglary and larceny are different when it comes to the issue of whether entering a structure is required. A burglary conviction requires that there be a showing that the accused entered someone's home. However, there is no such requirement for a larceny conviction.
      Dwelling
   3. Burglary and larceny are different when it comes to the issue of whether the accused committed the crime inside a "dwelling." A burglary conviction requires that there be a showing that the accused committed the crime inside a dwelling. A dwelling is any place where a person lives. It doesn't have to be a home. It could be an apartment, condominium or hut. A larceny doesn't have to occur inside someone's dwelling; it could happen anywhere.
      Of Another
   4. Burglary and larceny are the same when it comes to the issue of whether the accused committed the crime against another's property. A burglary conviction requires that there be a showing that the accused broke into and entered the dwelling "of another." A larceny conviction requires that the accused took and moved away "another's" personal property.
      Intent
   5. Burglary and larceny are different when it comes the issue of intent. A burglary conviction requires that there be a showing that the accused had the purpose to commit a theft or felony inside the dwelling of another. A larceny conviction requires that there be a showing that the accused had the purpose to commit a theft. Although in some cases a burglary conviction can occur when the accused had the same intent required for a larceny, this is not required. A burglary conviction can occur when the accused had the intent to do some other felony, such as commit a murder inside another's home.