Larceny from a house is against the law in Creek County. The crime is grounded in simple larceny, so you need to understand what larceny is in order to understand what larceny from a house is.
What is Larceny in Sapulpa?
In Sapulpa, larceny is the taking of another’s personal property through fraud or stealth with the intent to deprive. Okla. Stat. tit. 21 § 1701
Borrowing an item is not larceny.
What is Larceny From A House?
Larceny from a house occurs when a person enters and steals money or other property from a house, a railroad car, a tent, booth or other temporary building. Okla. Stat. tit. 21 § 1723
The building doesn’t have to be a house. It can be a taking from a vendor’s booth or tent. It can include a taking from a train car as well. The crime is treated as a felony and is punishable by up to five years in prison. Okla. Stat. tit. 21 § 1724
Elements and Defenses to Larceny From a House
Defenses to this crime consist of facts or evidence that refute or disproves any element or elements of the crime. Here are the elements that the prosecution must prove for a conviction. If any one element goes unproven, there is no conviction. The elements are:
- carrying away;
- personal property;
- of another;
- from a house, railroad car, tent, booth, or temporary building;
- by fraud or stealth;
- with the intent to deprive permanently. Okla. Stat. tit. 21 § 1723 (OUJI-CR 5-97)
These cases tend to be very fact-bound. That means facts that may seem insignificant to you may actually be important in preparing a strong defense. Here are some typical defenses that you might want to explore with your attorney.
Entry was lawful. Having permission to enter makes the entry lawful. Making a mistake and entering the wrong building is also a defense. In both cases, the entry was not unlawful.
No Intent to Permanently Deprive
If you are borrowing a piece of property or taking it with the intent to use it and return it — or examining it — there is no intent to permanently deprive.
No Fraud or Stealth
If the taking is open and obvious, while there may be a crime involved, the crime is not larceny. Larceny is a more subtle taking, one that tries to fly under the radar.
No Carrying Away
The crime requires that the property be carried away. Even a slight amount of transportation may be sufficient, but picking an item and putting it back down on another table or area within that room may not be.
There may be other defenses available to you. If you or a loved one are facing charges for larceny from a house, you should explore all your options with an experienced Sapulpa criminal defense lawyer.
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