Instruction 8.560, Criminal Model Jury Instructions for Use in the District Court

LARCENY FROM THE PERSON

The defendant is charged with larceny from the person. Section 25(b)

of chapter 266 of our General Laws provides as follows:

“Whoever commits larceny

by stealing from the person of another

shall be punished. . . .”

Larceny from the person is the wrongful taking of personal property

from the person of another, or from the immediate area of control of

another, with the intent to deprive that person of such property

permanently.

In order to prove the defendant guilty of this offense, the

Commonwealth must prove four things beyond a reasonable doubt:

First: That the defendant took and carried away property;

Second: That the property was owned or possessed by someone

other than the defendant;

Third: That the defendant took the property from the person of

someone who owned or possessed it

or from such a person’s area of control in his or

If relevant:

her presence;

and Fourth: That the defendant did so with the intent to deprive that

person of the property permanently.

See the definitions of “took and carried away,” “property,” “of another,” and “intent to deprive

permanently” in the supplemental instructions to Instruction 8.520 (Larceny by Stealing). See also

Instruction 3.120 (Intent).

Commonwealth v. Glowacki, 398 Mass. 507, 514, 499 N.E.2d 290, 294 (1986) (larceny from the

person is lesser included offense of robbery); Commonwealth v. Stewart, 365 Mass. 99, 108, 309

N.E.2d 470, 476 (1974) (in robbery prosecution, element of larceny "from the person" includes the

common law concept of larceny in the victim’s presence); Commonwealth v. Jones, 362 Mass. 83,

86-87, 283 N.E.2d 840, 843-844 (1972) (same; offense distinguished from robbery by absence of use

or threat of force); Commonwealth v. Subilosky, 352 Mass. 153, 166, 224 N.E.2d 197, 206 (1967)

(property need only be taken from victim's area of control in his presence; here, theft from cash

drawers supervised by bank manager); Commonwealth v. Cline, 213 Mass. 225, 225-226, 100 N.E.

358, 359 (1913) (unnecessary to allege victim's name or to allege description or value of property);

Commonwealth v. Luckis, 99 Mass. 431, 433 (1868) (wallet need not be removed from victim’s

pocket, but defendant “must for an instant at least have had perfect control of the property”);

Commonwealth v. Burke, 12 Allen 182, 183 (1866) (value of property is not an element);

Commonwealth v. McDonald, 5 Cush. 365, 367 (1850) (putting hand into empty pocket will support

conviction for attempted larceny from person); Commonwealth v. Diamond, 5 Cush. 235, 237-238

(1849) (offense may be committed by fraud rather than stealth). See Commonwealth v. Acevedo, 25

Mass. App. Ct. 1114, 519 N.E.2d 1371 (No. 87-628, March 2, 1988) (unpublished opinion under

Appeals Court Rule 1:28) (theft of package set on ground while victim opened auto trunk is “from the

person”).