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- New York has a specific larceny definition in its Penal Law
- New York law defines key larceny terms in plain language
- New York treats several different behaviors as larceny
- New York classifies larceny charges by degree and offense level
- Petit larceny is the basic New York larceny charge
- Grand larceny in the fourth degree is a felony and has several triggers
- Grand larceny in the first degree is the highest larceny degree
- New York statutes also describe defenses that can apply in larceny cases
- Criminal cases in New York usually move through arraignment trial and sentencing
- Appeals can review certain court decisions in New York
- Sources
Key Facts
- State level: In New York, larceny is defined in Penal Law Article 155 and generally involves stealing property.
- State level: New York’s larceny definition centers on an intent to “deprive” an owner of property or “appropriate” it to oneself or someone else.
- State level: New York defines “property” broadly to include items like money, real property, computer data, and certain services.
- State level: New York law states that larceny can be committed in multiple ways, including forms historically called embezzlement, false pretenses, false promise, and extortion.
- State level: Petit larceny is a class A misdemeanor in New York.
- State level: Grand larceny in the fourth degree is a class E felony in New York and can be based on value or other circumstances listed in the statute.
- State level: Grand larceny in the first degree is a class B felony in New York and includes theft of property valued over one million dollars.
- State level: New York law includes specific affirmative defenses for certain larceny prosecutions, including a good-faith claim of right in some cases.
As of February 2026, this article reflects the publicly posted text of New York statutes and court guidance, which may change.
New York has a specific larceny definition in its Penal Law
When people ask to define larceny in New York, they are usually asking about the state’s theft law in Penal Law Article 155.
Under New York Penal Law section 155.05, a person “steals property and commits larceny” when the person wrongfully takes, obtains, or withholds property from an owner, with the required intent to deprive or appropriate.
“A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”
New York law defines key larceny terms in plain language
Several terms inside the larceny definition come from New York Penal Law section 155.00, which provides definitions used across New York’s larceny statutes.
New York treats several different behaviors as larceny
New York’s larceny law is broader than a simple “grab and run” theft, because section 155.05 states that “larceny includes” several types of conduct.
The “bad check” reference points to New York Penal Law section 190.05, which defines issuing a bad check as a separate crime and classifies it as a class B misdemeanor.
New York classifies larceny charges by degree and offense level
In New York, larceny charges are classified both by degree (such as petit larceny or grand larceny) and by whether the offense level is a misdemeanor or felony, using definitions in New York Penal Law section 10.00.
New York’s larceny degrees can turn on factors written into the statutes, including the value of the property and, in some situations, the type of property or the way the property was obtained.
Petit larceny is the basic New York larceny charge
New York Penal Law section 155.25 states that a person is guilty of petit larceny when the person “steals property,” and it classifies petit larceny as a class A misdemeanor.
Grand larceny in the fourth degree is a felony and has several triggers
New York Penal Law section 155.30 covers grand larceny in the fourth degree, which the statute classifies as a class E felony.
The statute lists multiple ways grand larceny in the fourth degree can be charged, including when the value of the property exceeds one thousand dollars and when certain listed property types or circumstances are involved.
Grand larceny in the first degree is the highest larceny degree
New York Penal Law section 155.42 classifies grand larceny in the first degree as a class B felony and includes stealing property when the value of the property exceeds one million dollars.
New York statutes also describe defenses that can apply in larceny cases
New York’s larceny statutes include specific defenses for certain prosecutions, including the defenses listed in New York Penal Law section 155.15.
For example, the statute describes a “claim of right” made in good faith as an affirmative defense in prosecutions for larceny committed by trespassory taking or embezzlement, and it also describes a defense that can apply in certain extortion-based larceny allegations involving threatened criminal charges.
Criminal cases in New York usually move through arraignment trial and sentencing
Criminal cases in New York courts commonly involve a sequence of court events, and one court-system overview describes processing in County and Supreme Courts as involving arraignment, trial, and (if convicted) sentencing, with indictments typically coming from a grand jury in felony cases as described in Criminal Case Processing on NYCOURTS.GOV.
Because larceny charges can be misdemeanors or felonies depending on the statute and alleged facts, the court where a case is handled and the paperwork used to start the case can differ, even within New York State.
Appeals can review certain court decisions in New York
In general terms, an appeal is a request for a higher court to review a lower-court decision, and New York CourtHelp Appeals Basics explains basic appeal concepts such as the roles of the appellant and respondent and that appeals involve rules and deadlines.
Whether an appeal is available in a particular situation can depend on the type of decision and the procedural posture of the case.
