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How does larceny differ from embezzlement?

1) Larceny involves the unlawful taking of someone else's property, while embezzlement involves the misappropriation of funds entrusted to one's care.
2) Larceny is a more serious crime than embezzlement.
3) Larceny requires physical force or threat of force, while embezzlement does not.
4) Larceny is a common law offense, while embezzlement is a statutory offense.

User LeMoussel
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1 Answer

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Final answer:

Larceny involves the unlawful taking of someone else's property, while embezzlement is the misappropriation of funds or property already entrusted to an individual's care. The major difference lies in possession and trust; with larceny, the property is taken without consent, while in embezzlement, the property is legally accessed but then misused.

Step-by-step explanation:

The differences between larceny and embezzlement primarily lie in the nature of the crimes and the relationship between the perpetrator and the victim's property. Larceny involves the unlawful taking of someone else's property without permission and with the intent to permanently deprive the owner of it. Embezzlement, on the other hand, involves the misappropriation of funds or property that have been entrusted to someone's care. This individual typically has lawful possession of the property or money but then illegally uses it for their own purposes.

To clarify the options provided to the student, 1) is correct in stating that larceny involves the unlawful taking of property, while embezzlement involves the misappropriation of property already entrusted to one's care. Options 2), 3), and 4) do not accurately distinguish between larceny and embezzlement. Larceny does not necessarily involve more serious charges than embezzlement, as the seriousness can depend on the value of the property and other circumstances. Larceny does not require physical force or threat of force; that would be robbery. Lastly, both larceny and embezzlement can be considered common law offenses, and both can also be codified into statutory law depending on the jurisdiction.

User Xraynaud
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