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To be convicted of an larceny, the prosecution will need to prove these required elements: Defendant took someone else’s property, the property was taken without consent, there was some movement of the property (does not matter whether the defendant kept the property or whether the property was taken off the premises), at the time the property was taken, the defendant intended to permanently deprive the owner of the property, and the property had a fair market value at the time it was taken between $20,000 or more and some amount less than $200.

The penalty of larceny will depend on whether the conviction was one for misdemeanor larceny or felony larceny. An example the penalty for a misdemeanor larceny would be imprisonment up to 93 days or a fine up to $500 or the potential of three times the value of the property or both imprisonment and a fine.

Another example of the penalty for a felony misdemeanor larceny would be when the property has a fair market value between $1,000 and $20,000, the penalty will be up to 5 years in prison or a potential fine of $10,000 or three times the value of the property or both prison and a fine.

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