Pickpocketing
Pickpocketing is a specific type of larceny that involves stealthily stealing items directly from a person's clothing or belongings. This crime is often distinguished from robbery, with the key difference being the use of force or intimidation; pickpocketing typically requires only minimal physical interaction, while robbery involves more overt aggression. In many jurisdictions, successful pickpocketing is categorized as larceny from the person, since it usually does not involve violent confrontation. However, if a victim resists or if the pickpocket employs threats or violence, the offense may escalate to robbery. Legal considerations surrounding pickpocketing include the requirement of "asporation," meaning the stolen property must be moved from its original location, although even slight movement can satisfy this criterion. Additionally, if a pickpocket is caught before taking an item, they may be charged with attempted pickpocketing. Understanding the nuances of pickpocketing is crucial for recognizing its implications within the broader context of theft-related crimes.
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Pickpocketing
SIGNIFICANCE: As a form of larceny that involves stealing things directly from the persons of victims, pickpocketing is treated as a distinct offense in some jurisdictions because it carries the additional possibility of physically endangering its victims.
A longstanding issue concerning pickpocketing cases is the question of whether pickpocketing offenses should constitute larceny from a person, or simple robbery, because the offender takes property by force. Both larceny and robbery are theft crimes that involve the taking and carrying away of property of others with the intent permanently to deprive the rightful owners of their property. However, larceny differs from robbery in that the former does not involve the use of force or intimidation.
In most pickpocketing cases, offenders are considered guilty of larceny from the person, rather than robbery, because picking pockets requires only enough force to lift and remove the pockets’ contents, with only minimal physical handling of the victims, such as a shove. Acts of pickpocketing that are not resisted are considered larceny. However, when victims become aware of the attempts on their property and offer resistance, or when pickpockets employ violence or intimidation, pickpocketing offenses are considered robbery because violence or the threat of violence is used.
For an act of pickpocketing to be considered a crime, property must be taken from the victim. Most jurisdictions also require that the property must be carried away from the scene of the crime—an aspect called asporation. In pickpocket cases, a question that frequently arises is whether there has been sufficient asporation. However, the court system has consistently held that any asporation, however slight, is sufficient. Thus, it is not necessary for a pickpocket actually to remove an item from a pocket. Rather, it is sufficient for the pickpocket to have complete control of the item, even for only an instant. Therefore, a pickpocket who moves a victim’s wallet only three inches before being caught satisfies the asporation requirement. On the other hand, pickpockets who are detected before their hands actually seize items can be convicted only of attempted pickpocketing.
Bibliography
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Schlicher, Loe, and Virginie Lurkin. "Fighting Pickpocketing Using a Choice-Based Resource Allocation Model." European Journal of Operational Research, vol. 315, no. 2, 2024, pp. 580-595. DOI: 10.1016/j.ejor.2023.12.007. Accessed 8 July 2024.
Yeager, Wayne B. Techniques of the Professional Pickpocket. Port Townsend, Wash.: Loompanics Unlimited, 1990.