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Theft is the act of taking another person's
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
or
services Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a p ...
without that person's permission or
consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
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 Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
, robbery, embezzlement,
extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''
larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
'', 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 A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
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'' 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 Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousn ...
and the
intent Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ...
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, 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 Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended. In some jurisdi ...
). Note that there may be civil liability for the
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s of trespass to chattels or
conversion Conversion or convert may refer to: Arts, entertainment, and media * "Conversion" (''Doctor Who'' audio), an episode of the audio drama ''Cyberman'' * "Conversion" (''Stargate Atlantis''), an episode of the television series * "The 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 A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
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 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'', 9881 S.C.R. 963. Because of this,
confidential information Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required ...
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 secret Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ...
s in certain circumstances does constitute part of the offence of
economic espionage Industrial espionage, economic espionage, corporate spying, or corporate espionage is a form of espionage conducted for commercial purposes instead of purely national security. While political espionage is conducted or orchestrated by governme ...
, which can be prosecuted under s. 19 of the '' Security of Information Act''. 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 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 A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...
, meaning that it can be treated either as an indictable offense or a less serious summary conviction offence, 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 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...
(and the
Theft Act 1978 The Theft Act 1978 (c 31) is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provis ...
) in UK. However, the "
Ghosh Ghosh (or Ghose) is an Indian and Bangladeshi surname found among Bengali Hindus. Ghoshes mostly belong to Kayastha caste in Bengal. The Bengali Kayasthas evolved as a caste from a category of officials or scribes, between the 5th/6th century AD ...
Test" for dishonest in Hong Kong has been replaced by the " Ivey Test" in England and Wales by the Supreme Court. 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. * 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 The Criminal Justice (Theft and Fraud Offences) Act, 2001 (No. 50 of 2001) updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland. The main sections of the statute include: *Theft and Related Offences *Makin ...
.


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 Ron is a shortening of the name Ronald. Ron or RON may also refer to: Arts and media * Big Ron (''EastEnders''), a TV character * Ron (''King of Fighters''), a video game character *Ron Douglas, the protagonist in ''Lucky Stiff'' played by Joe ...
(approximately
US$ The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
80,000).


United Kingdom


England and Wales

In
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, theft is a statutory offence, created by section 1(1) of the
Theft Act 1968 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...
. This offence replaces the former offences of
larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
, embezzlement and
fraudulent conversion Criminal conversion is a crime, limited to parts of common law systems outside England and Wales, of exerting unauthorized use or control of someone else's property, at a minimum personal property, but in some jurisdictions also applying to types ...
. 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 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 ''R v Hinks'' [2000UKHL 53is an English case heard by the Judicial functions of the House of Lords, House of Lords on appeal from the Court of Appeal of England and Wales. The case concerned the interpretation of the word "appropriates" in the Th ...
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 Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required ...
and
trade secret Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ...
s are not property within the meaning of section 4. The words "other intangible property" include
export quota Non-tariff barriers to trade (NTBs; also called non-tariff measures, NTMs) are trade barriers that restrict imports or exports of goods or services through mechanisms other than the simple imposition of tariffs. The Southern African Development C ...
s that are transferable for
value Value or values may refer to: Ethics and social * Value (ethics) wherein said concept may be construed as treating actions themselves as abstract objects, associating value to them ** Values (Western philosophy) expands the notion of value beyo ...
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 Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland. The law applies, for instance, in cases of b ...
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), 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 A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the per ...
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 Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is dif ...
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 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...
(
TWOC In England, Wales and Northern Ireland taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV) describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar of ...
) is available an alternative verdict on an indictment for theft. Visiting forces Theft is an
offence against property Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime is a crime to obtain money, propert ...
for the purposes of section 3 of the
Visiting Forces Act 1952 The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, in ...
. Mode of trial and sentence Theft is triable
either way A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...
. A person guilty of theft is liable, on conviction on
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of a ...
, to imprisonment for a term not exceeding seven years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the
prescribed sum The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scot ...
, or to both. Aggravated theft The only offence of aggravated theft is robbery, 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, goods obtain in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
or
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
or elsewhere by blackmail or fraud 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 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 ...
, 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 A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
, the
Theft Act 1968 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...
revises the law as to theft and similar or associated offences. See also the
Theft Act 1978 The Theft Act 1978 (c 31) is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provis ...
.


Northern Ireland

In
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, theft is a statutory offence, created by section 1 of the
Theft Act (Northern Ireland) 1969 The Theft Act (Northern Ireland) 1969 (c 16) is an Act of the Parliament of Northern Ireland. It makes criminal law provisions for Northern Ireland similar to those made in England and Wales by the Theft Act 1968. Section 1 - Theft This section ...
.


United States

In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, 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 has criminalized certain narrow categories of theft that directly affect federal agencies or
interstate commerce The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amo ...
. The
Model Penal Code The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...
, promulgated by the American Law Institute 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), theft by
extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of 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 Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a p ...
. Although many
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
s have retained
larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
as the primary offense, some have now adopted theft provisions. ''Grand theft'', also called ''
grand larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Engl ...
'', 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 A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
, while petty theft is generally treated as a misdemeanor. In some states, grand theft of a vehicle may be charged as "grand theft auto" (see motor vehicle theft for more information). Repeat offenders who continue to steal may become subject to life imprisonment in certain states. Sometimes the federal anti-theft-of-government-property law is used to prosecute cases where the
Espionage Act The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code (War ...
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 ''Amerasia'' was a journal of Far Eastern affairs best known for the 1940s "Amerasia Affair" in which several of its staff and their contacts were suspected of espionage and charged with unauthorized possession of government documents. Publicati ...
case and '' United States v. Manning''.


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 Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items ...
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 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,
larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
, and stealing, 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 or
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
, while petty theft is a misdemeanor punishable by a fine or imprisonment not exceeding six months in jail 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 Ammonia is an inorganic compound of nitrogen and hydrogen with the formula . A stable binary hydride, and the simplest pnictogen hydride, ammonia is a colourless gas with a distinct pungent smell. Biologically, it is a common nitrogenous was ...
, 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 Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug and less commonly as a second-line treatment for attention deficit hyperactivity disorder and obesity. Methamphe ...
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 A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
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 or robbery) that does not involve chemicals is a class C felony (sentence: up to 7 years). Non-felony stealing is a class A misdemeanor (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 A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
. 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 The British West Indies (BWI) were colonized British territories in the West Indies: Anguilla, the Cayman Islands, Turks and Caicos Islands, Montserrat, the British Virgin Islands, Antigua and Barbuda, The Bahamas, Barbados, Dominica, Grena ...
, especially Grenada, 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 and
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
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, the punishment for theft is amputation of the right hand if the thief does not
repent Repentance is reviewing one's actions and feeling contrition or regret for past wrongs, which is accompanied by commitment to and actual actions that show and prove a change for the better. In modern times, it is generally seen as involving a co ...
. This ruling is derived from surah 5 verse 38 of the
Quran The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , s ...
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 The Five precepts ( sa, pañcaśīla, italic=yes; pi, pañcasīla, italic=yes) or five rules of training ( sa, pañcaśikṣapada, italic=yes; pi, pañcasikkhapada, italic=yes) is the most important system of morality for Buddhist lay peo ...
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 Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items ...
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 Anti-theft systems protect valuables such as vehicles and personal property like wallets, phones, and jewelry. They are also used in retail settings to protect merchandise in the form of security tags and labels. Anti-theft systems include devices ...
* Asset management (corporate theft prevention) *
Confidence trick A confidence trick is an attempt to defraud a person or group after first gaining their trust. Confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, confidence, irresponsibility, and greed. Researchers have ...
* Credit card fraud *
Dishonesty Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousn ...
*
Fence (criminal) A fence, also known as a receiver, mover, or moving man, is an individual who knowingly buys stolen goods in order to later resell them for profit. The fence acts as a middleman between thieves and the eventual buyers of stolen goods who may n ...
* Force-initiation * Fraud *
Gentleman thief A gentleman thief, gentleman burglar, lady thief, or phantom thief is a stock character in fiction. A gentleman or lady thief is characterised by impeccable manners, charm, courteousness, and the avoidance of physical force or intimidation to ...
*
Larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
* Money laundering *
Organized crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
* Pickpocketing *
Package pilferage Package pilferage is the theft of part of the contents of a package. It may also include theft of the contents but leaving the package, perhaps resealed with bogus contents. Small packages can be pilfered from a larger package such as a shippin ...
* Plagiarism *
Property is theft! "Property is theft!" (french: La propriété, c'est le vol!) is a slogan coined by French anarchist Pierre-Joseph Proudhon in his 1840 book ''What Is Property? or, An Inquiry into the Principle of Right and of Government''. Overview By "pro ...
*
Secret profit In English law, a secret profit is a profit made by an employee who uses his employer's premises and business facilities in order to engage in unauthorised trade on his own behalf. A common example is a bar manager who purchases beer from a brewery ...
*
Skimming (casinos) A form of white-collar crime, skimming is taking cash "off the top" of the daily receipts of a business (or from any cash transaction involving a third interested party) and officially reporting a lower total. The formal legal term is defalcation ...
*
Taxation as theft The position that taxation is theft, and therefore immoral, is found in a number of political philosophies considered radical. It marks a significant departure from conservatism and classical liberalism. This position is often held by anarcho- ...
*
Theft Act Theft Act (with its variations) is a stock short title used for legislation in the United Kingdom which relates to theft and other offences against property. The Bill for an Act with this short title will have been known as a Theft Bill during it ...
*
Usufruct Usufruct () is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use or enjoy a thing possessed, direct ...
*
White-collar crime The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a ...
Specific forms of theft and other related offences *
Art theft Art theft, sometimes called artnapping, is the stealing of paintings, sculptures, or other forms of visual art from galleries, museums or other public and private locations. Stolen art is often resold or used by criminals as collateral t ...
*
Attention theft Attention theft is a theory in economic sociology and psychology which describes situations in which marketers serve advertisements to consumers who have not consented to view them and who are given nothing in return. Perpetrators seek to distr ...
*
Bank robbery Bank robbery is the criminal act of stealing from a bank, specifically while bank employees and customers are subjected to force, violence, or a threat of violence. This refers to robbery of a bank branch or teller, as opposed to other bank- ...
*
Bandwidth theft Inline linking (also known as hotlinking, leeching, piggy-backing, direct linking, offsite image grabs) is the use of a linked object, often an image, on one site by a web page belonging to a second site. One site is said to have an inline li ...
* Bloody Code * Brandjacking *
Carjacking Carjacking is a robbery in which the item taken over is a motor vehicle.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is ...
* Computer crime *
Confidence trick A confidence trick is an attempt to defraud a person or group after first gaining their trust. Confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, confidence, irresponsibility, and greed. Researchers have ...
*
Economic Espionage Act of 1996 The Economic Espionage Act of 1996 () was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage (''e.g.'', the theft or misappropriation of a trade secret and the National Information Infrastructu ...
* Embezzlement *
Espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangib ...
*
Extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
*
Identity theft Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was c ...
* Kidnapping *
Laptop theft Laptop theft is a significant threat to users of laptop and netbook computers. Many methods to protect the data and to prevent theft have been developed, including alarms, laptop locks, and visual deterrents such as stickers or labels. Victims o ...
*
Metal theft Metal theft is "the theft of items for the value of their constituent metals". It usually increases when worldwide prices for scrap metal rise, as has happened dramatically due to rapid industrialization in India and China. Apart from precious m ...
* Motor vehicle theft *
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 cri ...
*
Package pilferage Package pilferage is the theft of part of the contents of a package. It may also include theft of the contents but leaving the package, perhaps resealed with bogus contents. Small packages can be pilfered from a larger package such as a shippin ...
*
Phishing Phishing is a type of social engineering where an attacker sends a fraudulent (e.g., spoofed, fake, or otherwise deceptive) message designed to trick a person into revealing sensitive information to the attacker or to deploy malicious softwa ...
*
Piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
* Plagiarism *
Quackery Quackery, often synonymous with health fraud, is the promotion of fraudulent or ignorant medical practices. A quack is a "fraudulent or ignorant pretender to medical skill" or "a person who pretends, professionally or publicly, to have skill, ...
* Receipt of stolen property *
Ripoff A ripoff (or rip-off) is an unfavorable financial transaction. Usually it refers to an incident in which a person is overcharged for something, or receives goods or services not of the standard expected for the price. A ripoff is usually disting ...
*
Sperm theft Sperm theft, also known as unauthorized use of sperm, forced fatherhood, spermjacking or (a portmanteau of sperm and burgling), occurs when a man's semen is used, against his will or without his knowledge or consent, to inseminate a woman. It ...
*
Street sign theft Street sign theft occurs when street signs are stolen, to be used as decorations, sold as scrap metal or to avoid obeying the law by claiming later the sign was not there. Although the theft often seems arbitrary, signs with unusual or amusing ...
*
Tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the tax ...
*
Theft of services Theft of services is the legal term for a crime which is committed when a person obtains valuable services — as opposed to goods — by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider fo ...
*
Theft by finding Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended. In some jurisdi ...
* Electricity theft


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