Larceny from a person is the felony crime of taking property directly off someone’s body or out of their immediate physical control without using force or threats. Pickpocketing a wallet, slipping a phone from a hand, or snatching a necklace all fit the definition. Because the theft happens in direct contact with a living victim, nearly every state treats it as a felony no matter how little the item is worth, with punishment that can include years in prison, thousands in fines, restitution to the victim, and consequences that outlast the sentence itself.
What the Prosecution Has to Prove
Four elements have to line up. The defendant took property belonging to someone else. That property was on the victim’s body or within their immediate physical control when it was taken. The defendant moved it, even slightly, from where it had been. And the defendant intended to permanently deprive the owner of it.
The “from the person” piece is what separates this charge from ordinary larceny. The item doesn’t have to be literally attached to the victim. A bag resting on the ground is still in the owner’s immediate control if their hand is on the strap. Courts look at whether the victim could have reached the property at the moment it was taken.
The movement element, sometimes called asportation, is satisfied by the slightest shift. A pickpocket who gets a wallet halfway out of a pocket before being caught has completed the act. If nothing moves, the charge drops to an attempt. Intent matters too. Someone who honestly believed the item was theirs, or who picked it up by genuine mistake, lacks the mental state the crime requires.
Why It Is a Felony Even for Small Amounts
Most theft crimes turn into felonies only when the stolen property crosses a dollar threshold set by state law, often several hundred to a thousand dollars. Larceny from a person doesn’t work that way. A five-dollar bill lifted from a pocket carries the same felony classification as a thousand-dollar watch pulled off a wrist.
Legislatures drew the line this way on purpose. Reaching into someone’s personal space creates an inherent risk the encounter turns physical, and the felony label exists to deter that risk rather than to punish the loss. Value-based arguments that work in shoplifting cases get no traction here. The dollar amount simply isn’t part of the charge.
How It Is Different From Robbery
The dividing line is force or fear. Robbery requires physical force, a threat of violence, or putting the victim in fear. Larceny from a person is the same kind of taking without any of that. A pickpocket who lifts a wallet unnoticed commits larceny from a person. A mugger who shoves the victim and grabs the wallet commits robbery.
Purse snatching sits right on that line. Grabbing a handbag from a victim’s hand in one quick motion, with no resistance, is typically larceny from a person. If the thief yanks hard enough to drag the victim, or the victim pulls back during a struggle, the charge can jump to robbery. Robbery penalties are steeper in every state, so this distinction matters at sentencing.
One point of confusion worth clearing up: the victim being aware of the theft as it happens doesn’t automatically make it a robbery. Awareness is not force or fear. What matters is how the thief accomplished the taking.
Prison Time and Fines
Maximum prison sentences generally run from about 3 to 15 years, depending on the state and the defendant’s record. First-time offenders without aggravating facts often land near the bottom of that range and sometimes receive probation with little or no incarceration. Someone with prior felony convictions can face the full maximum, and judges typically have statutory authority to impose it.
Criminal fines range from roughly $5,000 to $25,000 across jurisdictions. These go to the government and are separate from money owed to the victim. Missing court-ordered payments can trigger probation violations and additional jail time.
Most sentences include supervised release or probation after any prison term. During supervision, the defendant checks in regularly with a probation officer, has to maintain employment, and must stay out of further trouble. Violating any condition can send someone back to prison for the remaining balance. Courts may also order community service or counseling.
Enhanced Penalties for Vulnerable Victims
Targeting an elderly or disabled victim often triggers enhancements. Most states define “elderly” as 60 or 65 and older, and “vulnerable adult” broadly covers anyone whose physical or mental condition prevents them from protecting their own interests. A larceny from a person charge involving one of these victims may be bumped to a higher felony class, carry a longer maximum, or come with mandatory minimum sentencing.
Prior Felony Enhancements
Every state has some version of a repeat or habitual offender law. A second felony conviction typically brings a moderately longer sentence, and a third or later conviction can dramatically raise the maximum. Some states double the ceiling for habitual offenders; others add fixed years on top of the base sentence. Prosecutors often use the threat of habitual offender charges as leverage during plea negotiations.
Restitution to the Victim
Courts routinely order defendants to reimburse victims for the actual value of what was stolen. This payment goes to the victim, not the government. A wallet with $200 in cash and a $700 phone produces a $900 restitution order. Federal law requires restitution for property offenses where the victim suffered a financial loss, and most states follow the same principle.1Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes
Restitution can also cover expenses beyond the stolen item itself: medical costs if the victim was injured, lost wages, and the cost of replacing stolen IDs or credit cards.2U.S. Department of Justice. Restitution Process Judges typically fold restitution into the sentencing order and set a payment schedule. Unlike fines, restitution obligations don’t disappear when the criminal sentence ends. In many states they can be enforced like a civil judgment for years afterward.
Collateral Consequences of a Conviction
The sentencing order is only part of what a felony conviction does. Several lasting consequences kick in automatically.
Firearms
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition.3Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts Since larceny from a person is a felony with potential prison time well over a year, a conviction permanently bars gun ownership under federal law. Many states impose parallel prohibitions of their own.
Voting Rights
The effect on voting depends entirely on the state. A few never revoke voting rights, even during incarceration. About half restore them automatically when the prison sentence ends. The rest impose waiting periods, require completion of parole and probation, or demand a governor’s pardon. In many states, outstanding fines and restitution must be paid in full before voting rights return.
Employment
A felony theft conviction surfaces on background checks and can rule someone out of entire categories of work. Many states prohibit people with felony records from holding professional licenses in healthcare, education, finance, and law enforcement.4U.S. Equal Employment Opportunity Commission. Arrest and Conviction Records – Resources for Job Seekers, Workers Even without a legal bar, private employers routinely screen out applicants with felony records, which is often the most practically damaging long-term consequence.
Immigration
For non-citizens, a larceny conviction can be treated as a crime involving moral turpitude, which carries serious immigration consequences including deportation, inadmissibility, and denial of naturalization. Whether a particular offense qualifies depends on the specific state statute and how the crime is defined.5U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12, Part F, Chapter 5 – Conditional Bars for Acts in Statutory Period A narrow “petty offense” exception exists for a single conviction where the maximum possible sentence doesn’t exceed one year, but larceny from a person usually carries a maximum well above that threshold, so the exception rarely helps.
Defenses That Can Apply
Most workable defenses attack the intent element.
- Mistaken taking. A genuine belief that the property was yours negates the intent to steal. Grabbing a bag that looks identical to your own is a classic example.
- Claim of right. If you had a good-faith belief you were entitled to the property, even if that belief turned out to be wrong, you may have a defense. Taking back an item you honestly believed was borrowed and never returned fits here.
- Temporary taking. Taking property with the actual intent and ability to return it defeats the “permanently deprive” element. Deciding to return the item only after being caught doesn’t erase the original crime.
- Not from the person. If the property wasn’t on the victim’s body or within their immediate control, the “from a person” element fails. The charge could still be ordinary larceny, which for low-value items often means misdemeanor treatment instead.
Intent is invisible, so jurors infer it from conduct. Someone who immediately tried to sell a stolen phone will have a much harder time claiming they planned to return it than someone caught walking back toward the victim.
Clearing the Record Later
A growing number of states allow felony convictions, including theft offenses, to be expunged or sealed after a waiting period. Expungement destroys the record; sealing hides it from public view but may still allow access by law enforcement and certain employers like schools and hospitals. Unlike sex offenses or domestic violence convictions, larceny from a person isn’t categorically excluded from expungement in most states.
Waiting periods usually run from about one to five years after the entire sentence is complete, including probation and parole. Staying crime-free during that window is universally required, and a new arrest can restart the clock or disqualify someone entirely. Rules vary sharply by state, so anyone considering expungement should check their jurisdiction’s specific eligibility requirements and consider consulting a local attorney.