Chapter  29 Offense of Larceny

Article 320
A person who for purpose to exercise unlawful control over other’s property for himself or for a third person unlawfully takes movable property of another commits larceny and shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who for purpose to gain unlawful benefit of himself or of a third person unlawfully occupies the real property of another shall be punished in accordance with provisions of the preceding paragraph.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.

Article 321
A person who commits larceny under one of the following circumstances shall be sentenced to imprisonment for not less than six months but not more than five years:
1. Entering at night a dwelling house, structure used as a dwelling house, or vessel, or concealing himself therein
2. Damaging and crossing a window, door, wall, or other protective features
3. Carrying a dangerous weapon
4. Forming a group of three or more persons
5. Taking advantage of fire, flood, or any other disaster
6. Committing the offense at a station or wharf, airport or within another vehicle, vessel, or aircraft for public transport on water, on land or in the air.
An attempt to commit an offense specified in the preceding paragraph is punishable.

Article 322
  (Deleted)

Article 323
Electricity, thermo-energy, and other energies shall be considered a movable property within the meaning of this Chapter.

Article 324
If an offense specified in this Chapter is committed among lineal blood relatives, between spouses, or among other relatives who live together and share their property, the punishment may be remitted.
Prosecution for an offense specified in this Chapter committed among the relatives specified in the preceding paragraph, blood relatives within the fifth degree of relationship or relatives by marriage within the third degree of relationship may be instituted only upon complaint.