Whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny.
In order to prove the defendant guilty of embezzlement, the Commonwealth must prove three elements of the crime beyond a reasonable doubt:
- That a defendant, while in a position of trust or confidence, was entrusted with possession of personal property belonging to another person.
- That a defendant fraudulently took, hid or converted that property for their own use without the consent of the owner.
- That the defendant did so with the intent to deprive the owner of the property permanently.
Larceny by Stealing
Whoever steals the property of another shall be guilty of larceny. Stealing is the wrongful taking of the personal property of another person with the intent to deprive such person of such property permanently.
In order to prove a defendant guilt of larceny, the Commonwealth must prove the following three elements of larceny beyond a reasonable doubt:
- That the defendant took and carried away property unlawfully.
- That the property was owned by someone other than the defendant.
- That the defendant did so with the intent to deprive that person of the property permanently.