Massachusetts G.L. c. 266, § 25: Larceny From the Person
If your charging documents reference G.L. c. 266, § 25, you have been charged with larceny from the person. It is a felony, and unlike most theft charges in Massachusetts, the value of what was taken makes no difference to the penalty.
These cases usually begin with a brief encounter that someone describes very differently than you remember it, and the line between this charge and a robbery charge is narrower than most people expect. Knowing what the Commonwealth actually has to prove is the first step in defending it.
Call (978) 969-2890 for a free consultation.
You Just Got Charged. Here's What You Need to Know.
For over 30 years, we have helped people through exactly what you're experiencing right now. A charge under G.L. c. 266, § 25 can follow an accusation on a train platform, outside a bar, or in a store, and it carries felony exposure from the very first offense. We have stood beside people accused of theft charges at every stage of this process. These cases often turn on details that are far from settled on the day the charge is filed.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 266, § 25 Prohibit?
Section 25 reaches a taking of property from another person's body, or from the area under that person's control while they are present. That is the whole of what separates it from ordinary larceny: the same taking, the same intent, but property that was on someone or immediately around them. A wallet lifted from a pocket, a phone taken from a table someone is sitting at, and a bag taken off a shoulder can all fall inside it.
The section is written in two parts. Subsection (b) covers a taking from the person of another. Subsection (a) covers the same conduct where that person is 65 years of age or older, and it carries a repeat-offender provision that applies only within that subsection.
Two things the statute leaves out matter as much as what it contains. It sets no value threshold, so a taking worth thirty dollars carries the same exposure as one worth three thousand. And it says nothing about force. Force is what moves a case of this kind into a robbery charge under a different statute, where the exposure is far greater.
The section is written in two parts. Subsection (b) covers a taking from the person of another. Subsection (a) covers the same conduct where that person is 65 years of age or older, and it carries a repeat-offender provision that applies only within that subsection.
Two things the statute leaves out matter as much as what it contains. It sets no value threshold, so a taking worth thirty dollars carries the same exposure as one worth three thousand. And it says nothing about force. Force is what moves a case of this kind into a robbery charge under a different statute, where the exposure is far greater.
Larceny From the Person vs. Unarmed Robbery
Larceny from the person (G.L. c. 266, § 25) and unarmed robbery (G.L. c. 265, § 19(b)) describe almost the same act. Both involve property taken from a person or from their immediate control. One ingredient separates them: force, or fear. Where property is taken by force applied to the person, or by words or gestures that put them in fear, the charge is robbery. Where it is taken without either, it is larceny from the person.
That one difference transforms the exposure. Section 25 authorizes up to five years in state prison, or up to two and a half years in jail. Unarmed robbery is punishable by imprisonment in state prison for life or for any term of years. Two cases that look nearly identical on a surveillance clip can sit on opposite sides of that line.
In practice, a taking accomplished by stealth is the section 25 case: a pocket picked without the person knowing, property lifted from a counter or from the seat beside them. A snatch that the person feels and is aware of is far more likely to be charged as robbery, because the resistance overcome, however brief, is treated as force. Which side of that line a case falls on is often arguable, and it is one of the most consequential arguments available in a case of this kind.
That one difference transforms the exposure. Section 25 authorizes up to five years in state prison, or up to two and a half years in jail. Unarmed robbery is punishable by imprisonment in state prison for life or for any term of years. Two cases that look nearly identical on a surveillance clip can sit on opposite sides of that line.
In practice, a taking accomplished by stealth is the section 25 case: a pocket picked without the person knowing, property lifted from a counter or from the seat beside them. A snatch that the person feels and is aware of is far more likely to be charged as robbery, because the resistance overcome, however brief, is treated as force. Which side of that line a case falls on is often arguable, and it is one of the most consequential arguments available in a case of this kind.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
1. A taking and carrying away — You took property and moved it, even slightly, from where it was.
2. Property of another — The property was owned or possessed by someone other than you.
3. From the person, or from their area of control — The property was taken from that person, or from the area under their control while they were present. This is the element that separates this charge from an ordinary larceny, and it is the one most often fought.
4. Intent to deprive permanently — You intended to keep the property from its owner for good, rather than to borrow it or reclaim something you believed was yours.
Where the charge is brought under subsection (a), there is a fifth element: that the person was 65 years of age or older. The model jury instructions used in Massachusetts courts track these elements closely. Every one of them must be proven beyond a reasonable doubt, and the third is where most of these cases are won or lost.
1. A taking and carrying away — You took property and moved it, even slightly, from where it was.
2. Property of another — The property was owned or possessed by someone other than you.
3. From the person, or from their area of control — The property was taken from that person, or from the area under their control while they were present. This is the element that separates this charge from an ordinary larceny, and it is the one most often fought.
4. Intent to deprive permanently — You intended to keep the property from its owner for good, rather than to borrow it or reclaim something you believed was yours.
Where the charge is brought under subsection (a), there is a fifth element: that the person was 65 years of age or older. The model jury instructions used in Massachusetts courts track these elements closely. Every one of them must be proven beyond a reasonable doubt, and the third is where most of these cases are won or lost.
Penalties Under Massachusetts Law
Section 25 sets the same sentencing range for both of its subsections, and it authorizes no fine at all. What the property was worth plays no part in the penalty. A continuance without a finding is available on this charge in appropriate cases, which is often the first thing worth exploring.
Larceny From the Person (Felony)
● Up to 5 years in state prison, OR
● Up to 2 and a half years in jail
● Up to 2 and a half years in jail
Victim 65 or Older
● The same range as subsection (b): up to 5 years in state prison, or up to 2 and a half years in jail
● The Commonwealth must prove the age of the person alleged to be 65 or older as a separate element
● The Commonwealth must prove the age of the person alleged to be 65 or older as a separate element
Second or Subsequent Offense Under Subsection (a)
● A conviction carries a mandatory minimum of not less than 2 years
● The sentence cannot be reduced until 1 year of it has been served
● The sentence cannot be reduced until 1 year of it has been served
Probation and Parole Restrictions
● On a second or subsequent offense under subsection (a), no probation, parole, furlough, work release or good conduct deduction until 1 year has been served
● The court's power to place a person on probation under G.L. c. 276, § 87 does not apply to anyone 17 or older charged under subsection (a)
● The court's power to place a person on probation under G.L. c. 276, § 87 does not apply to anyone 17 or older charged under subsection (a)
Collateral Consequences
● Criminal record affecting employment opportunities
● Difficulty obtaining housing (landlord background checks)
● Professional license implications
● Immigration consequences for non-citizens
● Loss of certain civil rights
● Restitution orders requiring repayment to victim
● Difficulty obtaining housing (landlord background checks)
● Professional license implications
● Immigration consequences for non-citizens
● Loss of certain civil rights
● Restitution orders requiring repayment to victim
Related Criminal Charges
● G.L. c. 265, § 19(b): Unarmed Robbery — The same taking, charged as robbery where force or fear was used to accomplish it, and carrying far greater exposure.
● G.L. c. 265, § 17: Armed Robbery — Charged where the person taking the property was armed with a dangerous weapon.
● G.L. c. 266, § 30: Larceny — The general theft statute, which governs when property was not taken from a person or their immediate control.
● G.L. c. 266, § 30(5): Larceny From an Elder or Person With a Disability — A separate enhancement reaching the property of a person 60 or older, or a person with a disability, and not limited to takings from the person.
Related Practice Area: Theft Crimes
● G.L. c. 265, § 17: Armed Robbery — Charged where the person taking the property was armed with a dangerous weapon.
● G.L. c. 266, § 30: Larceny — The general theft statute, which governs when property was not taken from a person or their immediate control.
● G.L. c. 266, § 30(5): Larceny From an Elder or Person With a Disability — A separate enhancement reaching the property of a person 60 or older, or a person with a disability, and not limited to takings from the person.
Related Practice Area: Theft Crimes
Defending Against Larceny From the Person Charges
These cases are decided on facts that are rarely captured cleanly. A taking reported from a crowded platform, a busy sidewalk or a store aisle is usually described minutes later by someone who was startled, and the Commonwealth's proof often rests on one account of a few seconds. The weak point is most often identification, or whether the property was ever in your control at all.
We look closely at how the person reporting the loss described the individual responsible before anyone was arrested, at what surveillance footage actually shows rather than what a report says it shows, and at whether the property was taken from that person or from their area of control while they were present, which is the element that makes a case section 25 rather than an ordinary larceny. Where police recovered property, when and where they recovered it matters a great deal.
There are also cases where the taking itself is not really in dispute, and the work is directed at the outcome: the disposition, the record that follows you, and what a court is asked to weigh at sentencing. A free consultation is where you find out which kind of case you have. Call (978) 969-2890.
We look closely at how the person reporting the loss described the individual responsible before anyone was arrested, at what surveillance footage actually shows rather than what a report says it shows, and at whether the property was taken from that person or from their area of control while they were present, which is the element that makes a case section 25 rather than an ordinary larceny. Where police recovered property, when and where they recovered it matters a great deal.
There are also cases where the taking itself is not really in dispute, and the work is directed at the outcome: the disposition, the record that follows you, and what a court is asked to weigh at sentencing. A free consultation is where you find out which kind of case you have. Call (978) 969-2890.
What To Do Right Now
If you have been charged under G.L. c. 266, § 25, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense, including receipts, transit records, clothing and anything showing where you were
● Write down everything you remember about the location, the timing and who else was nearby, while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense, including receipts, transit records, clothing and anything showing where you were
● Write down everything you remember about the location, the timing and who else was nearby, while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
Larceny from the person charges can feel overwhelming, but there are often favorable options available, especially on a first offense.
We have spent over 30 years helping people through theft charges and understand how to work toward the best possible outcome. A free consultation gives you the opportunity to understand your charges and options. Everything we discuss is confidential. Go here if you want to know why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We have spent over 30 years helping people through theft charges and understand how to work toward the best possible outcome. A free consultation gives you the opportunity to understand your charges and options. Everything we discuss is confidential. Go here if you want to know why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
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