Connecticut General Statutes/Title 53a/Chapter 952/Section 53a-123

CGS § 53a-123. Larceny in the second degree: Class C felony.

(a) A person is guilty of larceny in the second degree when such person commits larceny, as defined in section 53a-119, and: (1) The value of the property or service exceeds ten thousand dollars, (2) the property, regardless of its nature or value, is taken from the person of another, (3) the property is obtained by defrauding a public community, and the value of such property is two thousand dollars or less, (4) the property, regardless of its nature or value, is obtained by embezzlement, false pretenses or false promise and the victim of such larceny is sixty years of age or older, or is a conserved person, as defined in section 45a-644, or is blind or physically disabled, as defined in section 1-1f, or (5) the property, regardless of its value, consists of wire, cable or other equipment used in the provision of telecommunications service and the taking of such property causes an interruption in the provision of emergency telecommunications service.

(b) Larceny in the second degree is a class C felony.

Short History

(1969, P.A. 828, S. 125; 1971, P.A. 871, S. 26; P.A. 73-639, S. 8; P.A. 81-248, S. 2; 81-263, S. 2; 81-351, S. 4; 81-472, S. 152, 159; P.A. 82-271, S. 2; P.A. 86-275, S. 2; P.A. 97-180; P.A. 00-103, S. 2; P.A. 09-138, S. 2; 09-243, S. 1; P.A. 17-87, S. 5; P.A. 22-115, S. 9.)

Long History

History: 1971 act applied second degree larceny to cases where property is a motor vehicle and made second degree larceny a Class D felony rather than a Class A misdemeanor; P.A. 73-639 specified that taking property, regardless of its nature or value, from another's person is second degree larceny; P.A. 81-248 amended Subsec. (a) to clarify the proscribed conduct; P.A. 81-263 added Subsec. (a)(4) re property obtained by defrauding a public community where the value of the property is less than $2,000; P.A. 81-351 amended the definition of larceny of a motor vehicle to that with a value of $2,000 or less, inserted new Subsec. (b) enumerating conditions constituting prima facie evidence of a larcenous intent in regard to motor vehicles and relettered former Subsec. (b) accordingly; P.A. 81-472 made technical corrections; P.A. 82-271 amended Subsec. (a)(2) by increasing from $500 to $5,000 the value of the property or service obtained and amended Subsec. (c) by changing the classification from a class D to a class C felony; P.A. 86-275 amended Subsec. (a)(1) to increase the value of a motor vehicle subject to the section from $2,000 or less to a value which exceeds $5,000; P.A. 97-180 added Subsec. (a)(5) re property obtained by embezzlement, false pretenses or false promise from an aged, blind or disabled victim; P.A. 00-103 made technical changes in Subsecs. (a) and (b) and amended Subsec. (b) by defining “motor vehicle” and by adding provisions re prima facie evidence of knowledge that vehicle is stolen and possession of vehicle with larcenous intent; P.A. 09-138 amended Subsec. (a) to increase in Subdiv. (1) the value of a motor vehicle obtained from in excess of $5,000 to in excess of $10,000 and increase in Subdiv. (2) the value of the property or service obtained from in excess of $5,000 to in excess of $10,000; P.A. 09-243 amended Subsec. (a) to add Subdiv. (6) re the taking of wire, cable or other equipment that causes interruption in emergency telecommunications service; P.A. 17-87 amended Subsec. (a)(5) by adding provision re conserved person; P.A. 22-115 amended Subsec. (a) to make a technical change, delete Subdiv. (1) re property consisting of a motor vehicle and redesignate existing Subdivs. (2) to (6) as Subdivs. (1) to (5), deleted former Subsec. (b) defining “motor vehicle” and redesignated existing Subsec. (c) as Subsec. (b).

Citations

Cited. 173 C. 545; 182 C. 176; 183 C. 386; 188 C. 542; 190 C. 559; 194 C. 438; Id., 650; 196 C. 305; Id., 567; 197 C. 166; Id., 201; Id., 247; Id., 309; 198 C. 1; 199 C. 30; Id., 308; Id., 462; 200 C. 113; 202 C. 615; 203 C. 484; 209 C. 23; 213 C. 233; 216 C. 273; 235 C. 679; 241 C. 439.

Cited. 2 CA 537; 5 CA 113; 7 CA 326; 8 CA 125; Id., 478; 9 CA 349; 13 CA 420; Id., 576; Id., 596; 14 CA 272; Id., 472; 16 CA 433; 17 CA 460; 19 CA 495; 20 CA 271; Id., 369; 21 CA 248; 29 CA 843; 35 CA 566; Id., 714; 39 CA 810; 44 CA 187; Id., 294; 46 CA 691. Since statute's language includes both taking of property and subsequent retention of the stolen property, to charge defendant with two counts of larceny is improper; they are not separately punishable and to so charge violates defendant's constitutional guarantee against double jeopardy. 100 CA 565.

Requisites for accepting plea of guilty. 31 CS 501. Cited. 32 CS 650; 35 CS 531; 38 CS 549.

Subsec. (a):

Cited. 169 C. 247; 174 C. 129; Id., 129; 178 C. 427; Id., 689; 181 C. 299; 182 C. 476; 186 C. 426; 187 C. 264; 188 C. 325; Id., 671; 190 C. 191; 191 C. 180; 195 C. 421; 196 C. 36; Id., 115; 198 C. 203; Id., 490; 200 C. 9; 201 C. 462; 206 C. 657; 207 C. 118; 208 C. 365; 210 C. 652; 211 C. 101; 212 C. 223; 213 C. 422; 215 C. 716; 219 C. 160; 220 C. 487; 223 C. 243; 232 C. 455; 233 C. 552; 235 C. 67; 238 C. 784; 239 C. 235; 240 C. 317. Subdiv. (3): Rational basis exists for legislature to classify larceny from the person as a more serious offense than simple robbery and therefore the classification did not violate defendant's right to equal protection of the laws. 246 C. 132. For defendant to be found guilty of larceny in the third degree, state must prove that defendant committed larceny by defrauding a public community. 252 C. 229. P.A. 09-138, which increased the minimum value element from $5,000 to $10,000, did not have retroactive effect. 314 C. 529.

Cited. 1 CA 270; Id., 378, 379. Subdiv. (3): Larceny from the person requires an actual trespass to the person of the victim and therefore taking a radio which was in the vicinity of the victim, but not on the victim's person, did not constitute larceny under section. Id., 642. Cited. 3 CA 126; 8 CA 491; 11 CA 102; 12 CA 239; Id., 408; Id., 685; 13 CA 12; Id., 554; 14 CA 169; Id., 493; 20 CA 513; 24 CA 697; 26 CA 52; Id., 114; Id., 279; 28 CA 306; 30 CA 606; 31 CA 47; Id., 94; Id., 312; 32 CA 21; 33 CA 468; 34 CA 250; Id., 610; Id., 699; 35 CA 740; 38 CA 643; 39 CA 579; Id., 840; 40 CA 21; 41 CA 391; Id., 584; Id., 817; 42 CA 810; 46 CA 414; Id., 616. Court found that money was “taken from the person of the victim” in case in which victim was tricked into turning over her money to defendant. 56 CA 428. Subdiv. (3): Wrongfully taking property from the person of another constitutes a trespass of the person, and such a taking from the person constitutes larceny in the second degree. 95 CA 248. Larceny in second degree under section is not ordinarily lesser included offense of robbery for purposes of double jeopardy. 109 CA 74. Subdiv. (5): Section not unconstitutionally void for vagueness and provided sufficient notice that embezzlement from an estate is prohibited even if conduct occurred after separate conservator of estate was appointed. 121 CA 190; judgment affirmed, see 307 C. 592. Subsec., as amended by P.A. 09-138 to increase the value of property taken for the commission of larceny in the second degree, does not apply retroactively to defendant's case; legislature stated that the provision was effective October 1, 2009, without any express language referring to retroactivity and the legislative history does not indicate a clear or unequivocal intent for it to apply retroactively. 136 CA 427; judgment affirmed, see 314 C. 570. Subdiv. (3): Defendant's conviction of and sentencing under this Subdiv. and Secs. 53a-48(a) and 53a-124(a)(2) constitute multiple punishments for the same offense and violate defendant's right against double jeopardy. 176 CA 687.

Cited. 36 CS 603; 37 CS 527.

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