What is the difference between Larceny and Embezzlement?
Full Question:
Answer:
Both offenses are theft-related charges. Embezzlement typically involves the defendant being in a position of trust and involves taking property wrongfully through deception. Larceny is usually distinguished from embezzlement and false pretenses in that the actual taking of the property is accomplished unlawfully and without the victim's consent, and along with the taking there must be a carrying-off.
North Carolina has several statutes that apply to larceny, with one particularly applicable to employees. In North Carolina, there are different penalties that apply, based on the value of the property taken. Penalties for embezzlement and larceny in North Carolina are equivalent.
Please see the following statutes to determine applicability:
§ 14-90. Embezzlement of property received by virtue of office or
employment.
If any person exercising a public trust or holding a public office, or
any guardian, administrator, executor, trustee, or any receiver, or any
other fiduciary, or any officer or agent of a corporation, or any agent,
consignee, clerk, bailee or servant, except persons under the age of 16
years, of any person, shall embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use, or shall take, make away
with or secrete, with intent to embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use any money, goods or other
chattels, bank note, check or order for the payment of money issued by or
drawn on any bank or other corporation, or any treasury warrant, treasury
note, bond or obligation for the payment of money issued by the United
States or by any state, or any other valuable security whatsoever
belonging to any other person or corporation, unincorporated association
or organization which shall have come into his possession or under his
care, he shall be guilty of a felony. If the value of the property is one
hundred thousand dollars ($100,000) or more, the person is guilty of a
Class C felony. If the value of the property is less than one hundred
thousand dollars ($100,000), the person is guilty of a Class H felony.
§ 14-74. Larceny by servants and other employees.
If any servant or other employee, to whom any money, goods or other
chattels, or any of the articles, securities or choses in action
mentioned in G.S. 14-75, by his master shall be delivered safely to be
kept to the use of his master, shall withdraw himself from his master and
go away with such money, goods or other chattels, or any of the
articles, securities or choses in action mentioned as aforesaid, or any
part thereof, with intent to steal the same and defraud his master
thereof, contrary to the trust and confidence in him reposed by his said
master; or if any servant, being in the service of his master, without
the assent of his master, shall embezzle such money, goods or other
chattels, or any of the articles, securities or choses in action
mentioned as aforesaid, or any part thereof, or otherwise convert the
same to his own use, with like purpose to steal them, or to defraud his
master thereof, the servant so offending shall be guilty of a felony:
Provided, that nothing contained in this section shall extend to
apprentices or servants within the age of 16 years. If the value of the
money, goods, or other chattels, or any of the articles, securities, or
choses in action mentioned in G.S. 14-75, is one hundred thousand dollars
($100,000) or more, the person is guilty of a Class C felony. If the
value of the money, goods, or other chattels, or any of the articles,
securities, or choses in action mentioned in G.S. 14-75, is less than one
hundred thousand dollars ($100,000), the person is guilty of a Class H
felony.