Theft

Theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft, and fraud (i.e., obtaining money under false pretenses). In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny.

Definition

The actus reus of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.

For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e., because she believes that she is the owner, she is not dishonest and does not intend to deprive the "owner" of it) so no crime has been committed at this point. But if she realises the mistake when she gets home and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it (see theft by finding). Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.

Types of theft

Theft can be categorized in various ways, including by the nature of the property taken, by whether or not violence is used in the theft, and by the context in which the theft occurs. Some of the most common types of theft include:

• Burglary: This involves entering a building with the intent to commit a crime, such as theft.
• Robbery: This involves the use of force or threat of force to take property from another person.
• Shoplifting: This involves taking merchandise from a retail establishment without paying for it.
• Identity theft: This involves stealing someone's personal information, such as their name, social security number, or credit card information, and using it for fraudulent purposes.
• Vehicle theft: This involves stealing a car, truck, motorcycle, or other vehicle.
• Embezzlement: This involves a person who is entrusted with money or property stealing it for their own use.

Legal aspects

Theft is a crime that is punishable by law. The exact penalties for theft can vary widely depending on the jurisdiction and the nature of the theft. In some jurisdictions, theft is considered a misdemeanor and is punishable by a fine, probation, or a short jail sentence. In other jurisdictions, theft is considered a felony and can result in a long prison sentence.

See also

• Larceny
• Fraud
• Property crime
• White-collar crime

References

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