In common usage, theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.:1092-3 The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft, and fraud (that is, obtaining money under false pretenses). In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny. Someone who carries out an act of or makes a career of theft is known as a thief. The act of theft is also known by other terms such as stealing, thieving, and filching.
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, and Victoria.
The actus reus of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a mens rea of dishonesty and the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e., because she believes that she is the owner, she is not dishonest and does not intend to deprive the "owner" of it) so no crime has been committed at this point. But if she realises the mistake when she gets home and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it (see theft by finding). Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.
Section 322(1) of the Criminal Code provides the general definition for theft in Canada:
322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his/her use or to the use of another person, anything, whether animate or inanimate, with intent
- (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
- (b) to pledge it or deposit it as security;
- (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
- (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
Sections 323 to 333 provide for more specific instances and exclusions:
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:
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.
For the purposes of punishment, Section 334 divides theft into two separate offences, according to the value and nature of the goods stolen:
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.
Article 2 of the Theft Ordinance provides the general definition of theft in Hong Kong:
(1) A person commits 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.
Theft is a crime with related articles in the Wetboek van Strafrecht.
Theft is a statutory offence, created by section 4(1) of the Criminal Justice (Theft and Fraud Offences) Act, 2001.
Degrees of theft:
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:
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.
Section 3 provides:
(1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
(2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor's title, amount to theft of the property.
Section 4(1) provides that:
Edward Griew said that section 4(1) could, without changing its meaning, be reduced, by omitting words, to:
"Property" includes ... all ... property.
Sections 4(2) to (4) provide that the following can only be stolen under certain circumstances:
Section 5 "belonging to another" requires a distinction to be made between ownership, possession and control:
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 unauthorised 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:
Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned. For example, suppose that B, a keen football fan, has bought a ticket for the next home match. T takes the ticket, watches the match and then returns the ticket to B. In this instance, all that T returns is a piece of paper. Its value as a licence to enter the stadium on a particular day has been permanently lost. Hence, T steals the ticket. Similarly, if T takes a valuable antique but later repents and returns the goods, T has committed the actus reus with the mens rea. The fact that T's conscience forces a change of mind is relevant only for sentencing.
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 to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.
For the purposes of the provisions of the Theft Act 1968 which relate to stolen goods, goods obtain in England or Wales 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
Similar or associated offences
In the United States, plenary regulation of theft exists only at the state level, in the sense that most thefts by default will be prosecuted by the state in which the theft occurred. The federal government has criminalized certain narrow categories of theft which directly affect federal agencies or interstate commerce. The Model Penal Code includes categories of theft by unlawful taking or by unlawfully disposing of property, theft by deception (fraud), 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.:1090-3
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, 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.
In some states, grand theft of a vehicle may be charged as "grand theft auto" (see motor vehicle theft for more information).
Sometimes the federal anti-theft-of-government-property law 18 U.S.C. § 640 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.
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.
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 access devices.
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.
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, 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, while petty theft is a misdemeanor punishable by a fine or imprisonment not exceeding six months in jail or both.
In general, any property taken that carries a value of more than $300 can be considered grand theft in certain circumstances.
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.
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.
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.
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.
In Massachusetts, theft may generally be charged as a felony alue of stolen property is greater than $250.
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 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).
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.
Grand Larceny: Value of goods exceed $900 (13 V.S.A. § 2501)
Grand Larceny: Value of goods exceed $200 (Virginia Code § 18.2-95)
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.
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.". 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 owners rights. 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.
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.
Theft is defined in section 134 of the Criminal Consolidation Act 1935 (SA) as being where a person deals with property dishonestly, without the owners 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 defendants 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.
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.
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.
In the British West Indies, especially Grenada, there have been a spate of large-scale thefts of tons of sand from beaches. Both Grenada and Jamaica are considering increasing fines and jail time for the thefts.
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. This ruling is derived from sura 5 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.
Specific forms of theft and other related offences