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Theft is the act of taking 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 ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny,
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
,
embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
, extortion,
blackmail Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to fa ...
, or
receiving stolen property Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...
. In some jurisdictions, ''theft'' is considered to be
synonym A synonym is a word, morpheme, or phrase that means exactly or nearly the same as another word, morpheme, or phrase in a given language. For example, in the English language, the words ''begin'', ''start'', ''commence'', and ''initiate'' are all ...
ous with '' larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft.


Elements

The ''
actus reus (), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in th ...
'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a ''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'' of dishonesty and the intent to permanently deprive the owner or rightful possessor of that property or its use. For example, if X goes to a restaurant and, by
mistake Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), ...
, 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 realizes 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 In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencie ...
for the torts of
trespass to chattels Trespass to chattels is a tort whereby the infringing party has intentionally (or, in Australia, negligently) interfered with another person's lawful possession of a chattel (movable personal property). The interference can be any physical cont ...
or conversion in either eventuality.


By jurisdiction

The following are the countries with the most cases of theft, as well as the respective rates per 100,000 people, according to the United Nations in 2018.


Australia


Actus reus

South Australia Theft is defined in section 134 of the ''Criminal Consolidation Act'' 1935 (SA) as being where a person deals with property dishonestly, without the owner's consent and intending to deprive the owner of their property, or make a serious encroachment on the proprietary rights of the owner. Under this law, encroachment on proprietary rights means that the property is dealt with in a way that creates a substantial risk that the property will not be returned to the owner, or that the value of the property will be greatly diminished when the owner does get it back. Also, where property is treated as the defendant's own property to dispose of, disregarding the actual property owner's rights. For a basic offence, a person found guilty of this offence is liable for imprisonment of up to 10 years. For an aggravated offence, a person found guilty of this offence is liable for imprisonment of up to 15 years. Victoria Theft is defined in the ''Crimes Act'' 1958 (Vic) as when a person "dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.". Basic definition of theft. The actus reus and mens rea are defined as follows: Appropriation is defined in section 73(4) of the ''Crimes Act'' 1958 (Vic) as the assumption of any of the owner's rights. Further explanation of theft. It does not have to be all the owner's rights, as long as at least one right has been assumed.. If the owner gave their consent to the appropriation there cannot be an appropriation.. However, if this consent is obtained by deception, this consent is vitiated. Property – defined in section 71(1) of the ''Crimes Act'' 1958 (Vic) as being both tangible property, including money and intangible property. Definitions. Information has been held not be property. Belonging to another – section 73(5) of the ''Crimes Act'' 1958 (Vic) provides that property belongs to another if that person has ownership, possession, or a proprietary interest in the property. Property can belong to more than one person. sections 73(9) & 73(10) deal with situations where the accused receives property under an obligation or by mistake.


Mens rea

South Australia Whether a person's conduct is dishonest is a question of fact to be determined by the jury, based on their own knowledge and experience. As with the definition in Victoria, it contains definitions of what is not dishonesty, including a belief in a legal claim of right or a belief the owner could not be found. Dishonesty. Victoria Intention to permanently deprive – defined at s.73(12) as treating property as it belongs to the accused, rather than the owner. Dishonestly – section 73(2) of the ''Crimes Act'' 1958 (Vic) creates a negative definition of the term 'dishonestly'. The section deems only three circumstances when the accused is deemed to have been acting honestly. These are a belief in a legal claim of right, a belief that the owner would have consented, or a belief the owner could not be found.


Canada

Section 322(1) of the Criminal Code provides the general definition for theft in Canada: Sections 323 to 333 provide for more specific instances and exclusions: :* theft from oyster beds (s. 323) :* theft by bailee of things under seizure (s. 324) :* exception when agent is pledging goods (s. 325) :* theft of telecommunications service (s. 326) :* possession of device to obtain telecommunication facility or service (s. 327) :* theft by or from person having special property or interest (s. 328) :* theft by person required to account (s. 330) :* theft by person holding power of attorney (s. 331) :* misappropriation of money held under direction (s. 332) :* exception for ore taken for exploration or scientific research (s. 333) In the general definition above, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
has construed "anything" very broadly, stating that it is not restricted to tangibles, but includes intangibles. To be the subject of theft it must, however: :* be property of some sort; :* be property capable of being ::* taken (therefore intangibles are excluded); or ::* converted (and may be an intangible); ::* taken or converted in a way that deprives the owner of his/her proprietary interest in some way.''R. v. Stewart'',
988 Year 988 ( CMLXXXVIII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Fall – Emperor Basil II, supported by a contingent of 6,000 Varangians ...
1 S.C.R. 963.
Because of this, confidential information cannot be the subject of theft, as it is not capable of being taken as only tangibles can be taken. It cannot be converted, not because it is an intangible, but because, save in very exceptional far‑fetched circumstances, the owner would never be deprived of it. However, the theft of trade secrets in certain circumstances does constitute part of the offence of economic espionage, which can be prosecuted under s. 19 of the ''
Security of Information Act The ''Security of Information Act'' (R.S.C. 1985, c. O-5), formerly known as the ''Official Secrets Act'', is an Act of the Parliament of Canada that addresses national security concerns, including threats of espionage by foreign powers and terr ...
''. For the purposes of punishment, Section 334 divides theft into two separate offences, according to the value and nature of the goods stolen: :* If the thing stolen is worth more than $5000 or is a testamentary instrument the offence is commonly referred to as Theft Over $5000 and is an
indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
with a maximum punishment of 10 years imprisonment. :*Where the stolen item is not a testamentary instrument and is not worth more than $5000 it is known as Theft Under $5000 and is a hybrid offence, meaning that it can be treated either as an indictable offense or a less serious
summary conviction offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...
, depending on the choice of the prosecutor. ::* if dealt with as an indictable offence, it is punishable by imprisonment for not more than 2 years, and, ::* if treated as a summary conviction offence, it is punishable by 6 months imprisonment, a fine of $2000 or both. Where a motor vehicle is stolen, Section 333.1 provides for a maximum punishment of 10 years for an indictable offence (and a minimum sentence of six months for a third or subsequent conviction), and a maximum sentence of 18 months on summary conviction.


Hong Kong

Section 2 of the Theft Ordinance provides the general definition of theft in Hong Kong: The elements of this offence in Hong Kong is almost the same as in England and Wales, because the Theft Ordinance in Hong Kong was drafted based on the Theft Act 1968 (and the Theft Act 1978) in UK. However, the " Ghosh Test" for dishonest in Hong Kong has been replaced by the " Ivey Test" in England and Wales by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. It is the main difference between the offence of theft in these two jurisdictions.


India

Theft is a criminal activity in India with punishments which may lead to jail term. Below are excerpts of laws of Indian penal Code which state definitions and punishments for theft. ; Section 378 – Theft. :Whoever intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft. :Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. :Explanation 2.—A moving effected by the same act which effects the severance may be a theft. :Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. :Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. :Explanation 5.—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. ; Section 379 – Punishment for theft. :Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. ; Section 380 – Theft in dwelling house, etc. :Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ; Section 381 - Theft by clerk or servant of property in possession of master. :Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ; Section 382 – Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. :Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.


The Netherlands

Theft is a crime with related articles in the
Wetboek van Strafrecht The Netherlands uses Civil law (legal system), civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system ...
. * Article 310 prohibits theft (Dutch: ''diefstal''), which is defined as taking away any object that (partly) belongs to someone else, with the intention to appropriate it illegally. Maximum imprisonment is 4 years or a fine of the fifth category.€ 19,500 * Article 311 consists of the following: ** Part 1. Punishable with maximum imprisonment of 6 years or a fine of the fourth category is: *** 1. Theft of cattle; *** 2. Theft during certain emergency occasions; *** 3. Theft during night in a residence by someone who is there without knowledge or permission of the owner; *** 4. Theft by 2 or more organized people; *** 5. Theft, where the thief got access by means of violence, climbing in, using false keys or disguise; *** 6. Terroristic theft. ** Part 2. When theft if committed as in 3 with the situation of 4 and 5, the punishment is a maximum imprisonment of 9 years or a fine of the fifth category.€ 78,000 * Article 312 consists of the following: ** Part 1 prohibits robbery (Dutch: ''beroving''), which is defined as taking away any object with violence or with threat of violence. Maximum imprisonment is 9 years or a fine with the fifth category ** Part 2 allows maximum imprisonment of 12 years or a fine of the fifth category when: *** 1. Robbery was committed during night, in a residence, on the public road or moving train; *** 2. Robbery was committed by 2 or more people; *** 3. Robbery was committed by violence, climbing in, false key or disguise; *** 4. Robbery caused severe injury; *** 5. Robbery was terroristic. ** Part 3 allows maximum imprisonment of 15 years instead of 12 when robbery caused death to the victim. * Article 314 consists of the following: ** Part 1 prohibits poaching (Dutch: ''stroperij''), which is defined as taking away without violence the following: clay, sand, earth, raw wood, fallen vegetables (see the source for a complete list). Maximum imprisonment is one month or a fine of the second category.€ 3,900 ** Part 2 increases the maximum imprisonment to 2 months when the crime is committed again less than 2 years after the first time. * Article 315 increases the maximum imprisonment and fine category when poaching is done with vehicles and draft animals. Maximum imprisonment is 3 years or a fine of the fourth category.


Republic of Ireland

Theft is a statutory offence, created by section 4(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001.


Romania

According to the Romanian Penal Code a person committing theft (''furt'') can face a penalty ranging from 1 to 20 years. Degrees of theft: * Article 208: Theft (1 to 12 years)—When a person steals an object, or uses a vehicle without permission and no aggravating circumstances apply. * Article 209: Qualified theft (3 to 20 years) :*Aggravating circumstances (3 to 15 years): a) by two or more persons together; b) by a person in possession of a gun or a narcotic substance; c) by a masked or disguised person; d) against a person who cannot defend his or herself; e) in a public place; f) in a public transportation vehicle; g) during nighttime; h) during a natural disaster; i) through burglary, or by using an original or copied key; j) stealing national treasures; k) stealing official identity papers with the intention to make use of them; l) stealing official identity badges with the intention to make use of them. :*Aggravating circumstances (4 to 18 years): a) stealing petrol-based products directly from transportation pipes and vehicles or deposits; b) stealing components from national electrification, telecommunication, irrigation networks or from any type of navigational system; c) stealing a siren; d) stealing a public intervention vehicle or device; e) stealing something which jeopardizes the safety of public transportation. :*Aggravating circumstances (10 to 20 years): when the consequences are extremely grave and affect public institutions or the material stolen is worth over 200,000 RON (approximately US$80,000).


United Kingdom


England and Wales

In England and Wales, theft is a statutory offence, created by section 1(1) of the Theft Act 1968. This offence replaces the former offences of larceny,
embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
and fraudulent conversion. The marginal note to section 1 of the Theft Act 1968 describes it as a "basic definition" of theft. Sections 1(1) and (2) provide: :1.-(1) A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly. :(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit. Sections 2 to 6 of the Theft Act 1968 have effect as regards the
interpretation Interpretation may refer to: Culture * Aesthetic interpretation, an explanation of the meaning of a work of art * Allegorical interpretation, an approach that assumes a text should not be interpreted literally * Dramatic Interpretation, an event ...
and operation of section 1 of that Act. Except as otherwise provided by that Act, sections 2 to 6 of that Act apply only for the purposes of section 1 of that Act.


=Appropriates

= Section 3 provides: See R v Hinks and Lawrence v Metropolitan Police Commissioner.


=Property

= Section 4(1) provides that: Edward Griew said that section 4(1) could, without changing its meaning, be reduced, by omitting words, to: Sections 4(2) to (4) provide that the following can only be stolen under certain circumstances: * Land or things forming part of land and severed from it (s. 4(2)) * Mushrooms growing wild on any land, or the flowers, fruit or foliage of plants growing wild on any land (s. 4(3)) * Wild creatures or the carcases of wild creatures (s. 4(4)) Intangible property Confidential information and trade secrets are not property within the meaning of section 4. The words "other intangible property" include export quotas that are transferable for value on a temporary or permanent basis. Electricity Electricity cannot be stolen. It is not property within the meaning of section 4 and is not appropriated by switching on a current. ''Cf.'' the offence of abstracting electricity under section 13.


=Belonging to another

= Section 5 "belonging to another" requires a distinction to be made between ownership, possession and control: * ownership is where a person is not legally accountable to anyone else for the use of the property: * possession is where a person is only accountable to the owner for the use of the property; and * control is where a person is only accountable to two people for the use of the property. So if A buys a car for cash, A will be the owner. If A then lends the car to B Ltd (a
company A company, abbreviated as co., is a Legal personality, legal entity representing an association of people, whether Natural person, natural, Legal person, legal or a mixture of both, with a specific objective. Company members share a common p ...
), B Ltd will have possession. C, an employee of B Ltd then uses the car and has control. If C uses the car in an unauthorized way, C will steal the car from A and B Ltd. This means that it is possible to steal one's own property. In R v Turner, the owner removed his car from the forecourt of a garage where it had been left for collection after repair. He intended to avoid paying the bill. There was an appropriation of the car because it had been physically removed but there were two issues to be decided: * did the car "belong to another"? The garage had a lien i.e. a "proprietary right or interest" in the car as security for the unpaid bill and this gave the garage a better right than the owner to possess the car at the relevant time. * what was the relevance of Turner's belief that he could not steal his own property? The defence of mistake of law only applies if the defendant honestly believes that he has a right in law to act in the given way. Generalized and non-specific beliefs about what the law might permit are not a defence.


=With the intention of permanently depriving the other of it

= Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned. Alternative verdict The offense created by section 12(1) of the Theft Act 1968 ( TWOC) is available an
alternative verdict In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of tr ...
on an indictment for theft. Visiting forces Theft is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952. Mode of trial and sentence Theft is triable either way. A person guilty of theft is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or on
summary conviction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...
to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. Aggravated theft The only offence of aggravated theft is
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, contrary to section 8 of the Theft Act 1968. Stolen goods For the purposes of the provisions of the Theft Act 1968 which relate to
stolen goods Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...
, goods obtain in England or Wales or elsewhere by
blackmail Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to fa ...
or
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
are regarded as stolen, and the words "steal", "theft" and "thief" are construed accordingly. Sections 22 to 24 and 26 to 28 of the Theft Act 1968 contain references to stolen goods. Handling stolen goods The offence of handling stolen goods, contrary to section 22(1) of the Theft Act 1968, can only be committed "otherwise than in the course of stealing". Similar or associated offences According to its title, the Theft Act 1968 revises the law as to theft and similar or associated offences. See also the Theft Act 1978.


Northern Ireland

In Northern Ireland, theft is a statutory offence, created by section 1 of the Theft Act (Northern Ireland) 1969.


United States

In the United States, crimes must be prosecuted in the jurisdiction in which they occurred. Although federal and state jurisdiction may overlap, even when a criminal act violates both state and federal law, in most cases only the most serious offenses are prosecuted at the federal level. The
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
has criminalized certain narrow categories of theft that directly affect federal agencies or interstate commerce. The Model Penal Code, promulgated by the
American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
to help state legislatures update and standardize their laws, includes categories of theft by unlawful taking or by unlawfully disposing of property, theft by deception (
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
), theft by extortion, theft by failure to take measures to return lost or mislaid or mistakenly delivered property, theft by receipt of stolen property, theft by failing to make agreed disposition of received funds, and theft of services. Although many U.S. states have retained larceny as the primary offense, some have now adopted theft provisions. ''Grand theft'', also called '' grand larceny'', is a term used throughout the United States designating theft that is large in magnitude or serious in potential penological consequences. Grand theft is contrasted with ''petty theft'', also called ''petit theft'', that is of smaller magnitude or lesser seriousness. Theft laws, including the distinction between grand theft and petty theft for cases falling within its jurisdiction, vary by state. This distinction is established by statute, as are the penological consequences. Most commonly, statutes establishing the distinction between grand theft and petty theft do so on the basis of the value of the money or property taken by the thief or lost by the victim, with the dollar threshold for grand theft varying from state to state. Most commonly, the penological consequences of the distinction include the significant one that grand theft can be treated as a felony, while petty theft is generally treated as a
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
. In some states, grand theft of a vehicle may be charged as "grand theft auto" (see
motor vehicle theft Motor vehicle theft (also known as a car theft and, in the United States, grand theft auto) is the criminal act of stealing or attempting to steal a motor vehicle. Nationwide in the United States in 2020, there were 810,400 vehicles reporte ...
for more information). Repeat offenders who continue to steal may become subject to
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
in certain states. Sometimes the federal anti-theft-of-government-property law is used to prosecute cases where the Espionage Act would otherwise be involved; the theory being that by retaining sensitive information, the defendant has taken a 'thing of value' from the government. For examples, see the Amerasia case and ''
United States v. Manning ''United States v. Manning'' was the Courts-martial of the United States, court-martial of former United States Army Private First Class Bradley E. Manning,Jennifer Rizzo"Bradley Manning charged" CNN, February 23, 2012. known now as Chelsea Mann ...
''.


Alabama

When stolen property exceeds the amount of $500 it is a felony offense. If property is less than $500, then it is a Class A misdemeanor. Unlike some other states, shoplifting is not defined by a separate statute but falls under the state's general theft statute.


Alaska

The Alaska State Code does not use the terms ''grand theft'' or ''grand larceny''. However, it specifies that theft of property valued at more than $1,000 is a felony whereas thefts of lesser amounts are misdemeanors. The felony categories (class 1 and class 2 theft) also include theft of firearms; property taken from the person of another; vessel or aircraft safety or survival equipment; and of access devices.


Arizona

Felony theft is committed when the value of the stolen property exceeds $1000. Regardless of the value of the item, if it is a firearm or an animal taken for the purpose of animal fighting, then the theft is a Class 6 Felony.


California

The
Theft Act of 1927 Theft is the act of taking 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 ''theft'' is also used as a synonym or informal shorthand term for some ...
consolidated a variety of common law crimes into theft. The state now distinguishes between two types of theft, grand theft and petty theft. The older crimes of
embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
, larceny, and
stealing Theft is the act of taking 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 ''theft'' is also used as a synonym or informal shorthand term for some ...
, and any preexisting references to them now fall under the theft statute. There are a number of criminal statutes in the California Penal Code defining grand theft in different amounts. Grand theft generally consists of the theft of something of value over $950 (including money, labor or property but is lower with respect to various specified property), Theft is also considered grand theft when more than $250 in crops or marine life forms are stolen, “when the property is taken from the person of another,” or when the property stolen is an automobile, farm animal, or firearm. Petty theft is the default category for all other thefts. Grand theft is punishable by up to a year in jail or prison, and may be charged (depending upon the circumstances) as a
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
or felony, while petty theft is a
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
punishable by a fine or imprisonment not exceeding six months in
jail A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
or both.


Florida

In general, any property taken that carries a value of more than $750 can be considered grand theft in certain circumstances.


Georgia

In Georgia, when a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor. Any theft of property determined to be exceeding $500 may be treated as grand theft and charged as a felony.


Hawaii

Theft in the first or second degree is a felony. Theft in the first degree means theft above $20,000 or of a firearm or explosive; or theft over $300 during a declared emergency. Theft in the second degree means theft above $750, theft from the person of another, or agricultural products over $100 or aquacultural products from an enclosed property.


Illinois

Theft is a felony if the value of the property exceeds $300 or the property is stolen from the person of another. Thresholds at $10,000, $100,000, and $500,000 determine how severe the punishment can be. The location from which property was stolen is also a factor in sentencing.


Kentucky

KRS 514.030 states that theft by unlawful taking or disposition is generally a Class A misdemeanor unless the items stolen are a firearm, anhydrous ammonia, a controlled substance valued at less than $10,000 or any other item or combination of items valued $500 or higher and less than $10,000 in which case the theft is a Class D felony. Theft of items valued at $10,000 or higher and less than $1,000,000 is a Class C felony. Theft of items valued at $1,000,000 or more is a Class B felony, as is first offense theft of anhydrous ammonia for the express purpose of manufacturing methamphetamines in violation of KRS 218A.1432. In the latter case, subsequent offenses are a Class A felony.


Massachusetts

In Massachusetts, theft may generally be charged as a felony if the value of stolen property is greater than $250.


Missouri

Stealing is a felony if the value of stolen property exceeds $500. It is also a felony if "The actor physically takes the property appropriated from the person of the victim" or the stolen property is a vehicle, legal document, credit card, firearm, explosive, U.S. flag on display, livestock animal, fish with value exceeding $75, captive wildlife, controlled substance, or anhydrous ammonia. Stealing in excess of $25,000 is usually a class B felony (sentence: 5–15 years), while any other felony stealing (not including the felonies of
burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
or
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
) that does not involve chemicals is a class C felony (sentence: up to 7 years). Non-felony stealing is a class A
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
(sentence: up to 1 year).


New York

Grand larceny consists of stealing property with a value exceeding $1000; or stealing a public record, secret scientific material, firearm, credit or debit card, ammonia, telephone with service, or motor vehicle or religious item with value exceeding $100; or stealing from the person of another or by extortion or from an ATM. The degree of grand larceny is increased if the theft was from an ATM, through extortion involving fear, or involved a value exceeding the thresholds of $3,000, $50,000, or $1,000,000.


Vermont

Grand Larceny: Value of goods exceed $900 (13 V.S.A. § 2501)


Virginia

Grand Larceny: Value of goods exceed $1000 (Virginia Code § 18.2-95)


Washington State

Theft of goods valued between $750 and $5000 is second-degree theft, a Class C felony. Theft of goods valued above $5000, of a search-and-rescue dog on duty, of public records from a public office or official, of metal wire from a utility, or of an access device, is a Class B felony, as is theft of a motor vehicle or a firearm.


West Indies

In the British West Indies, especially
Grenada Grenada ( ; Grenadian Creole French: ) is an island country in the West Indies in the Caribbean Sea at the southern end of the Grenadines island chain. Grenada consists of the island of Grenada itself, two smaller islands, Carriacou and Pe ...
, there have been a spate of large-scale thefts of tons of sand from beaches.AP, "Sand stolen across Caribbean for construction: 'We will lose our beaches' unless crime is taken seriously, one official says", found a
NBC News article
Accessed October 27, 2008.
Both
Grenada Grenada ( ; Grenadian Creole French: ) is an island country in the West Indies in the Caribbean Sea at the southern end of the Grenadines island chain. Grenada consists of the island of Grenada itself, two smaller islands, Carriacou and Pe ...
and Jamaica are considering increasing fines and jail time for the thefts.


Religious views and practices


Islam

In parts of the world which govern with
sharia law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the Five Pillars of Islam, religious precepts of Islam and is based on the Islamic holy books, sacred scriptures o ...
, the
punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
for theft is amputation of the right hand if the thief does not repent. This ruling is derived from
surah 5 ''005'' (pronounced "''double-o five''") is a 1981 arcade video game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings ...
verse 38 of the Quran which states ''As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power.'' This is viewed as being a deterrent.


Buddhism

In Buddhism, one of the five precepts prohibits theft, and involves the intention to steal what one perceives as not belonging to oneself ("what is not given") and acting successfully upon that intention. The severity of the act of theft is judged by the worth of the owner and the worth of that which is stolen. Underhand dealings, fraud, cheating and forgery are also included in this precept. Professions that are seen to violate the precept against theft are working in the gambling industry or marketing products that are not actually required for the customer.


Psychology

Possible causes for acts of theft include both economic and non-economic motivations. For example, an act of theft may be a response to the offender's feelings of anger, grief, depression, anxiety and compulsion, boredom, power and control issues, low self-esteem, a sense of entitlement, an effort to conform or fit in with a peer group, or rebellion. Theft from work may be attributed to factors that include greed, perceptions of economic need, support of a drug addiction, a response to or revenge for work-related issues, rationalization that the act is not actually one of stealing, response to opportunistic temptation, or the same emotional issues that may be involved in any other act of theft. The most common reasons for shoplifting include participation in an organized shoplifting ring, opportunistic theft, compulsive acts of theft, thrill-seeking, and theft due to need. Studies focusing on shoplifting by teenagers suggest that minors shoplift for reasons including the novelty of the experience, peer pressure, the desire to obtain goods that a minor cannot legally purchase, and for economic reasons, as well as self-indulgence and rebellion against parents.


See also

* Anti-theft system *
Asset management Asset management is a systematic approach to the governance and realization of value from the things that a group or entity is responsible for, over their whole life cycles. It may apply both to tangible assets (physical objects such as buildings ...
(corporate theft prevention) * Confidence trick *
Credit card fraud Credit card fraud is an inclusive term for fraud committed using a payment card, such as a credit card or debit card. The purpose may be to obtain goods or services or to make payment to another account, which is controlled by a criminal. The P ...
* Dishonesty * Fence (criminal) *
Force-initiation The non-aggression principle (NAP), also called the non-aggression axiom, is a concept in which aggression, defined as initiating or threatening any forceful interference (violating or breaching conduct) against either an individual, their propert ...
*
Fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
* Gentleman thief * Larceny *
Money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions ...
* Organized crime *
Pickpocketing Pickpocketing is a form of larceny that involves the stealing of money or other valuables from the person or a victim's pocket without them noticing the theft at the time. It may involve considerable dexterity and a knack for Misdirection (magic ...
* Package pilferage *
Plagiarism Plagiarism is the fraudulent representation of another person's language, thoughts, ideas, or expressions as one's own original work.From the 1995 '' Random House Compact Unabridged Dictionary'': use or close imitation of the language and thought ...
* Property is theft! * Secret profit * Skimming (casinos) * Taxation as theft * Theft Act * Usufruct * White-collar crime Specific forms of theft and other related offences * Art theft * Attention theft * Bank robbery * Bandwidth theft *
Bloody Code The "Bloody Code" was a series of laws in England, Wales and Ireland in the 18th and early 19th centuries which mandated the death penalty for a wide range of crimes. It was not referred to as such in its own time, but the name was given later ...
*
Brandjacking Brandjacking is an activity whereby someone acquires or otherwise assumes the online identity of another entity for the purposes of acquiring that person's or business's brand equity. The term combines the notions of 'branding' and 'wikt:hijacking, ...
* Carjacking *
Computer crime A cybercrime is a crime that involves a computer or a computer network.Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. The computer may have been used in committing th ...
* Confidence trick * Economic Espionage Act of 1996 *
Embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
* Espionage * Extortion * Identity theft *
Kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
* Laptop theft * Metal theft *
Motor vehicle theft Motor vehicle theft (also known as a car theft and, in the United States, grand theft auto) is the criminal act of stealing or attempting to steal a motor vehicle. Nationwide in the United States in 2020, there were 810,400 vehicles reporte ...
*
Organized retail crime Organized retail crime (ORC) refers to professional shoplifting, cargo theft, retail crime rings and other organized crime occurring in retail environments. One person acting alone is not considered an example of organized retail crime. These ...
* Package pilferage * Phishing * Piracy *
Plagiarism Plagiarism is the fraudulent representation of another person's language, thoughts, ideas, or expressions as one's own original work.From the 1995 '' Random House Compact Unabridged Dictionary'': use or close imitation of the language and thought ...
* Quackery *
Receipt of stolen property Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...
* Ripoff * Sperm theft * Street sign theft * Tax evasion * Theft of services * Theft by finding *
Electricity theft Electricity theft is the criminal practice of stealing electrical power. The practice of stealing electricity is nearly as old as electricity distribution. Electricity theft is accomplished via a variety of means, from methods as rudimentary a ...


Notes


References

* Allen, Michael. ''Textbook on Criminal Law''. Oxford University Press, Oxford. (2005) . * Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977 * Green, Stuart P. ''Thirteen Ways to Steal a Bicycle: Theft Law in the Information Age''. Harvard University Press, Cambridge, MA (2012). * Griew, Edward. ''Theft Acts 1968 & 1978'', Sweet & Maxwell. * Ormerod, David. ''Smith and Hogan Criminal Law'', LexisNexis, London. (2005) * Maniscalco, Fabio, ''Theft of Art'' (in Italian), Naples – Massa (2000) * Smith, J. C. ''Law of Theft'', LexisNexis: London. (1997) .


External links

* * {{Authority control