PA 09-138—HB 6576

Judiciary Committee

AN ACT CONCERNING LARCENY

SUMMARY: By law, a person can commit larceny in a number of different ways and the law provides six degrees of larceny crimes, with penalties varying in most instances based on the value of the property taken. This act doubles most, but not all, of the values of the property which must be taken to commit each of the six degrees of larceny crimes.

It also affects other statutes that refer to the larceny statutes for the penalties for taking property, including health insurance fraud (CGS 53-443) and collecting fees for medical discount plan membership without providing promised benefits (CGS 38a-479qq).

EFFECTIVE DATE: October 1, 2009

FIRST-DEGREE LARCENY

Under prior law, a person committed first-degree larceny by taking (1) property or service over $10,000 or (2) a motor vehicle valued at over $10,000. The act increases the minimum value of the property, service, or motor vehicle required to $20,000.

By law, unchanged by the act, a person also commits first-degree larceny by taking (1) property or service of any value by extortion or (2) property over $2,000 by defrauding a public community.

First-degree larceny is a class B felony (see Table on Penalties).

SECOND-DEGREE LARCENY

Under prior law, a person committed second-degree larceny by taking (1) property or service over $5,000 or (2) a motor vehicle valued at over $5,000. The act increases the minimum value of the property, service, or motor vehicle required to $10,000.

By law, a person also commits second-degree larceny by taking property (1) of any nature or value from someone's person; (2) valued at $2,000 or less by defrauding a public community; or (3) of any value by embezzlement, false pretenses, or false promise when the victim is age 60 or older, blind, or physically disabled.

Second-degree larceny is a class C felony.

THIRD-DEGREE LARCENY

Under prior law, a person committed third-degree larceny by taking (1) property or service over $1,000 or (2) a motor vehicle valued at $5,000 or less. The act increases the required minimum value of the property or service to $2,000 and the maximum value of the motor vehicle to $10,000.

By law, a person also commits third-degree larceny by taking (1) a public record or instrument from a public office or public servant or (2) a sample, microorganism, record, drawing, material, device, or substance related to a secret scientific or technical process, invention, or formula.

Third-degree larceny is a class D felony.

FOURTH-DEGREE LARCENY

The act increases the minimum value of property or service that must be taken to commit fourth-degree larceny from $500 to $1,000. Fourth-degree larceny is a class A misdemeanor.

FIFTH DEGREE LARCENY

The act increases the minimum value of property or service that must be taken to commit fifth-degree larceny from $250 to $500. Fifth-degree larceny is a class B misdemeanor.

SIXTH-DEGREE LARCENY

The act increases the maximum value of property or service that must be taken to commit sixth-degree larceny from $250 to $500. Sixth-degree larceny is a class C misdemeanor.

BACKGROUND

Related Act

PA 09-243 makes taking wire, cable, or other telecommunications service equipment and causing an interruption in emergency telecommunications service second-degree larceny regardless of the value of the property.

OLR Tracking: CR: KM: JL: ts