Theft#Grand theft

The actus reus of theft is usually defined as an unauthorised 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 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 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.

File:BRNO - Vlastimila Pecha 20191003 172724.jpg

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, 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.{{cite book |last1=Cooper |first1=Cary L. |title=Risky Business: Psychological, Physical and Financial Costs of High Risk |date=2012 |publisher=Gower Publishing, Ltd. |isbn=978-1409460183 |pages=442 |url=https://books.google.com/books?id=VzYpatFxuoQC |access-date=17 February 2019}} 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, rationalisation 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.{{rp|438}} Grotius and Pufendorf upheld the principle that a person in extreme and unavoidable need, who took from the surpluses of property holders, was not guilty of the crime of theft.{{cite book | last=McGill | first=E. | title=Grotius and Law | publisher=Taylor & Francis | year=2017 | isbn=978-1-351-56491-5 | url=https://books.google.com/books?id=lTQrDwAAQBAJ&pg=PA181 | access-date=2023-03-13 | page=181}}

The most common reasons for shoplifting include participation in an organised shoplifting ring, opportunistic theft, compulsive acts of theft, thrill-seeking, and theft due to need.{{cite journal |last1=Sali |first1=P.S. |last2=Julka |first2=Tapasya |last3=Sharma |first3=Asha |title=Shoplifting: Leading to High Shrinkage in Retail Industry |journal=Zenith International Journal of Multidisciplinary Research |date=December 2012 |volume=2 |issue=12 |page=188 |url=https://www.researchgate.net/publication/281347383 |access-date=17 February 2019 |issn=2231-5780}} 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.{{cite journal |last1=Prayag |first1=G. |last2=Juwaheer |first2=T.D. |title=Exploring Teenagers Shoplifting Motivations and Perceptions of Deterrence Measures – A Case Study of Mauritius |journal=University of Mauritius Research Journal |date=2 February 2019 |volume=15 |page=47 |url=https://www.ajol.info/index.php/umrj/article/viewFile/130969/120553 |access-date=17 February 2019}}

{{See also|Religious law}}

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.{{cite book |last1=Leaman |first1=Oliver |title=Eastern Philosophy: Key Readings |date=2000 |publisher=Routledge |isbn=0-415-17357-4 |url=http://www.spiritual-minds.com/religion/philosophy/Key%20Concepts%20in%20Eastern%20Philosophy%20-%20Oliver%20Leaman.pdf |archive-url=https://web.archive.org/web/20170808145834/http://www.spiritual-minds.com/religion/philosophy/Key%20Concepts%20in%20Eastern%20Philosophy%20-%20Oliver%20Leaman.pdf |archive-date=8 August 2017 |url-status=live |page=139}}{{cite book |last1=Harvey |first1=Peter |title=An Introduction to Buddhist Ethics: Foundations, Values and Issues |date=2000 |publisher=Cambridge University Press |isbn=978-0-511-07584-1 |url=http://elibrary.ibc.ac.th/files/public/Peter%20Harvey%20-%20An%20Introduction%20to%20Buddhist%20Ethics~%20Foundations%2C%20Values%20and%20Issues.pdf |page=70}} 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.{{cite journal |last1=Johansen |first1=Barry-Craig P. |last2=Gopalakrishna |first2=D. |title=A Buddhist View of Adult Learning in the Workplace |journal=Advances in Developing Human Resources |date=21 July 2016 |volume=8 |issue=3 |page=342 |doi=10.1177/1523422306288426|s2cid=145131162 }}

The Manusmriti and the Dharmashastras deal with theft, coveting wealth, and punishment for these.

{{Main|Hudud|Islamic criminal jurisprudence}}

{{See also|Hirabah|Cross-amputation}}

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 surah 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.{{cite web |url=http://www.usc.edu/org/cmje/religious-texts/quran/verses/005-qmt.php#005.038 |title=Center for Muslim-Jewish Engagement |work=usc.edu |url-status=dead |archive-url=https://web.archive.org/web/20150509170917/http://www.usc.edu/org/cmje/religious-texts/quran/verses/005-qmt.php#005.038 |archive-date=2015-05-09 }}Contemporary Interpretation of Islamic Law – Page 85, Hassan Affi – 2014

Two of the Ten Commandments prohibit acts of theft. The New Testament describes Jesus of Nazareth affirming these in his teachings.

File:West Lavington, the Robbers’ Stone - geograph.org.uk - 1238637.jpg. This memorial warns against thieving by recording the fate of several who attempted highway robbery on the spot in 1839.]]

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.{{cite web |title=Legislative Council, Thursday 26 July 2001 |url=https://hansardpublic.parliament.sa.gov.au/_layouts/15/Hansard/DownloadHansardFile.ashx?t=historicpdf&d=DHANSARD-4-1726 |website=Parliament South Australia |publisher=Government of South Australia |access-date=8 August 2020 |page=2090 |format=PDF |date=26 July 2001}}

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.".{{cite Legislation AU|Vic|act|ca195882|Crimes Act 1958|72}} 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.{{cite Legislation AU|Vic|act|ca195882|Crimes Act 1958|73}} 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.{{cite AustLII|VicRp|62|1976|litigants=Stein v Henshall |parallelcite=[1976] VR 612 |courtname=auto}}. If the owner gave their consent to the appropriation there cannot be an appropriation.{{cite AustLII|VicRp|59|1984|litigants=Baruday v R |parallelcite=[1984] A Crim R 190612 |courtname=Supreme Court (Full Court) (Vic, Australia)}}. 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.{{cite Legislation AU|Vic|act|ca195882|Crimes Act 1958|71}} Definitions. Information has been held not be property.Oxford v Moss [1979] {{abbr|Crim LR|Criminal Law Reports}} 119, Divisional Court, Queens Bench Division (UK).

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.

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.{{cite Legislation AU|SA|act|clca1935262|Criminal Law Consolidation Act 1935|131}} 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.

Section 322(1) of the Criminal Code provides the general definition for theft in Canada:

{{blockquote|

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.[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-154.html#h-95 Criminal Code, RSC 1985, c c-45, s 322].

|}}

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, [1988] 1 S.C.R. 963. {{lexum-scc2|1988|1|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.{{cite web| url = http://laws-lois.justice.gc.ca/eng/acts/O-5/section-19.html| title = Security of Information Act, R.S.C., 1985, c. O-5, s.19| date = 12 July 2019}}

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, 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.

Section 2 of the Theft Ordinance provides the general definition of theft in Hong Kong:

{{blockquote|(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.}}

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. It is the main difference between the offence of theft in these two jurisdictions.

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.{{ cite web |url=https://indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46161§ionno=378&orderno=435 | title=Definition of theft - Section 378 in India penal code| website=India code - a repository of state and central acts|publisher=Ministry of law and justice|access-date=23 March 2020}}

; 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.{{ cite web |url=https://indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&SectionId=46161§ionno=378&orderno=435 | title=Punishment for theft - Section 379 in India penal code|website=India code - a repository of state and central acts|publisher=Ministry of law and justice|access-date=23 March 2020}}

; 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.{{ cite web |url=https://indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46163§ionno=380&orderno=437 | title=Theft in dwelling, house etc - Section 380 in India penal code| website=India code - a repository of state and central acts|publisher=Ministry of law and justice|access-date=23 March 2020}}

; 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.{{Cite web|url=https://indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=438|title = India Code: Section Details}}

; 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.

{{ cite web |url=https://indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46165§ionno=382&orderno=439 | title=Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft - Section 382 in India penal code| website=India code - a repository of state and central acts|publisher=Ministry of law and justice|access-date=23 March 2020}}

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{{cite web |url=http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXXII/Artikel310/geldigheidsdatum_25-12-2012 |title=wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854 |work=overheid.nl}}
• 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 organised 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{{cite web |url=http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXXII/Artikel311/geldigheidsdatum_25-12-2012 |title=wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854 |work=overheid.nl}}
• 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.{{cite web |url=http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXXII/Artikel312/geldigheidsdatum_25-12-2012 |title=wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854 |work=overheid.nl}}
• 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.{{cite web |url=http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXXII/Artikel314/geldigheidsdatum_25-12-2012 |title=wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854 |work=overheid.nl}}
• 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.{{cite web |url=http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXXII/Artikel315/geldigheidsdatum_25-12-2012 |title=wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854 |work=overheid.nl}}

Theft is a statutory offence, created by section 4(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001.[https://www.irishstatutebook.ie/eli/2001/act/50/section/4/enacted/en/html section 4(1)] of the Criminal Justice (Theft and Fraud Offences) Act 2001.

According to the Romanian Penal Code a person committing theft (furt) can face a penalty ranging from 1 to 20 years.{{cite web |url=http://legeaz.net/cod-penal-actualizat-2011/art-208-cpen |title=Penal Code of Romania, art. 208 |access-date=January 29, 2013}}{{cite web |url=http://legeaz.net/cod-penal-actualizat-2011/art-209-cpen |title=Penal Code of Romania, art. 209 |access-date=January 29, 2013}}

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 jeopardises 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).{{Citation needed|date=January 2013}}

File:Fortunes of a Street Waif.jpgs steal a fine pair of boots.]]

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 and fraudulent conversion.Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-01 at page 12.

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.The Theft Act 1968, section 1(3)

Section 3 provides:

{{Blockquote|(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.}}

See R v Hinks and Lawrence v Metropolitan Police Commissioner.

Section 4(1) provides that:

{{Blockquote|"Property" includes money and all other property, real or personal, including things in action and other intangible property.}}

Edward Griew said that section 4(1) could, without changing its meaning, be reduced, by omitting words, to:

{{Blockquote|"Property" includes … all … property.Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-03 at page 13.}}

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 informationOxford v Moss (1979) 68 Cr App Rep 183, [1979] Crim LR 119, DC and trade secretsR v Absolom, The Times, 14 September 1983 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.Attorney General of Hong Kong v Nai-Keung [1987] 1 WLR 1339, PC

Electricity

Electricity cannot be stolen. It is not property within the meaning of section 4 and is not appropriated by switching on a current.Low v Blease (1975) 119 SJ 695, [1975] Crim LR 513, DC Cf. the offence of abstracting electricity under section 13.

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 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,R v Turner (No 2) [1971] 1 WLR 901, [1971] 2 All ER 441, [1971] RTR 396, sub nom R v Turner, 115 SJ 405, sub nom R v Turner (Frank Richard) 55 Cr App R 336, CA 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. Generalised and non-specific beliefs about what the law might permit are not a defence.

Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned.{{Cite web|url=http://www.legislation.gov.uk/ukpga/1968/60|title=Theft Act 1968, 1968 CHAPTER 60|date=Jul 31, 2010|website=UK Legislation|access-date=7 April 2020|quote="...a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal."}}

Alternative verdict

The offense created by section 12(1) of the Theft Act 1968 (TWOC) is available an alternative verdict on an indictment for theft.The Theft Act 1968, section 12(4)

Visiting forces

Theft is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.The Visiting Forces Act 1952, section 3(6) and Schedule, [http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/67/schedule/paragraph/3 paragraph 3(g)] (as inserted by the Theft Act 1968, Schedule 2, Part III)

Mode of trial and sentence

Theft is triable either way.The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28 A person guilty of theft is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,The Theft Act 1968, section 7 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.The Magistrates' Courts Act 1980, section 32(1)

Aggravated theft

The only offence of aggravated theft is robbery, contrary to section 8 of the Theft Act 1968.Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 3-01 at page 79.

Stolen goods

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.The Theft Act 1968, [http://www.legislation.gov.uk/ukpga/1968/60/section/24 section 24(4)] as amended by the Fraud Act 2006

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".The Theft Act 1968, section 22(1)

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.

In Northern Ireland, theft is a statutory offence, created by section 1 of the Theft Act (Northern Ireland) 1969.[http://www.legislation.gov.uk/apni/1969/16/section/1 section 1] of the Theft Act (Northern Ireland) 1969.

File:Theft-p1000763.jpgs can occasionally be stolen, even when locked up, by removing the wheel or cutting the lock that holds them.]]

In the United States, crimes must be prosecuted in the jurisdiction in which they occurred.{{cite journal |last1=Levitt |first1=Albert |title=Jurisdiction over Crimes |journal=Journal of Criminal Law and Criminology |date=1926 |volume=16 |issue=3 |page=320 |url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1989&context=jclc |access-date=3 July 2019}} 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.{{cite web |title=Guide to Criminal Prosecutions in the United States |url=https://www.oas.org/juridico/mla/en/usa/en_usa-int-desc-guide.html |website=Informational Exchange Network for Mutual Assistance in Criminal Matters and Extradition |publisher=Organization of American States |access-date=3 July 2019}}

The federal government has criminalised certain narrow categories of theft that directly affect federal agencies or interstate commerce.See, e.g., {{cite web |title=Justice Manual, Sec. 9-61.000 - Crimes Involving Property |url=https://www.justice.gov/jm/jm-9-61000-crimes-involving-property |website=United States Department of Justice |date=19 February 2015 |access-date=3 July 2019}} The Model Penal Code, promulgated by the American Law Institute to help state legislatures update and standardise their laws,{{cite web |title=Model Penal Code |url=https://www.ali.org/publications/show/model-penal-code/ |website=American Law Institute |access-date=8 November 2021}} 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.{{cite book |last1=Kaplan |first1=John |title=Criminal law: cases and materials |date=2012 |publisher=Wolters Kluwer Law & Business/Aspen Publishers |location=New York |isbn=978-1-4548-0698-1 |pages=1090–3 |edition=7th}}

Although many U.S. states have retained larceny as the primary offense,See, e.g., N.Y. Penal law sections 155.00-155.45, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Assembly official web site]. Accessed March 17, 2008. some have now adopted theft provisions.

{{anchor|Grand theft|Petit theft|Petty theft}}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.{{cite web|last1=John|first1=Gramlich|last2=Zafft|first2=Katie|title=Updating State Theft Laws Can Bring Less Incarceration—and Less Crime|url=http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/03/31/updating-state-theft-laws-can-bring-less-incarceration-and-less-crime|website=Pew Charitable Trusts|access-date=25 October 2017|date=31 March 2016}} 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).

Repeat offenders who continue to steal may become subject to life imprisonment in certain states.See Rummel v. Estelle, {{ussc|445|263|1980}} (upholding life sentence for fraudulent use of a credit card to obtain $80 worth of goods or services, passing a forged check in the amount of $28.36, and obtaining $120.75 by false pretenses) and Lockyer v. Andrade, {{ussc|538|63|2003}} (upholding sentence of 50 years to life for stealing videotapes on two occasions).

Sometimes the federal anti-theft-of-government-property law {{USC|18|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.{{Cite web|url=https://www.lawserver.com/law/state/alabama/al-code/alabama_code_13a-8-4-1|title=» Alabama Code 13A-8-4.1. Theft of property in the third degreeLawServer|website=www.lawserver.com|language=en|access-date=2017-12-14}} If property is less than $500, then it is a Class A misdemeanor.{{Cite web|url=https://www.lawserver.com/law/state/alabama/al-code/alabama_code_13a-8-5|title=» Alabama Code 13A-8-5. Theft of property in the fourth degreeLawServer|website=www.lawserver.com|language=en|access-date=2017-12-14}} Unlike some other states, shoplifting is not defined by a separate statute but falls under the state's general theft statute.{{cite web|title=Busted: What Happens When Shoplifters|url=http://nhpr.org/post/busted-what-happens-when-shoplifters-get-caught#stream/0|website=Talk of the Nation|publisher=NHPR|access-date=14 December 2017|date=15 November 2012}}

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.{{cite web|title=Alaska Statutes, Sec. 11.46.130|url=http://www.legis.state.ak.us/basis/statutes.asp#11.46.130|website=Alaska State Legislature|access-date=25 October 2017}}

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.{{cite web|title=Arizona Revised Statutes, Sec. 13-1802. Theft; classification; definitions|url=https://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/01802.htm&Title=13&DocType=ARS|website=Arizona State Legislature|access-date=25 October 2017}}

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.California Penal Code Section 486. For the entire portion of the Penal Code covering theft, [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9 leginfo.ca] {{webarchive|url=https://web.archive.org/web/20100628225209/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9 |date=2010-06-28 }} The older crimes of embezzlement, larceny, and stealing, and any preexisting references to them now fall under the theft statute.California Penal Code Section 490a.

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),California Penal Code Section 487. 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.{{cite web|title=California Penal Code, Sec. 487|url=http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=487|website=California legislative Information|publisher=California State Legislature|access-date=25 October 2017}}

Petty theft is the default category for all other thefts.California Penal Code Section 488.

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,California Penal Code Section 489. while petty theft is a misdemeanor punishable by a fine or imprisonment not exceeding six months in jail or both.California Penal Code Section 490.

In general, any property taken that carries a value of more than $750 can be considered grand theft in certain circumstances.{{cite web|title=Florida Statutes, Sec. 812.014, Theft|url=http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html|website=Online Sunshine|publisher=Florida Legislature|access-date=25 October 2017}}

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.{{cite web|title=O.C.G.A. 16-8-12, Penalties for violation of Code Sections 16-8-2 through 16-8-9|url=https://law.justia.com/codes/georgia/2010/title-16/chapter-8/article-1/16-8-12|website=Justia|access-date=25 October 2017}}

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.{{cite web|title=Hawaiii Revised Statutes, Sec. 708-830.5 Theft in the first degree.|url=http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0830_0005.htm|publisher=Hawaii State Legislature|access-date=25 October 2017}} 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.{{cite web|title=Hawaiii Revised Statutes, Sec. 708-831 Theft in the second degree.|url=http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0831.htm|publisher=Hawaii State Legislature|access-date=25 October 2017}}

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.{{cite web|title=720 ILCS 5/16-1, Theft|url=http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1|website=Illinois Compiled Statutes|publisher=Illinois General Assembly|access-date=25 October 2017}}

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.{{cite web|title=Kentucky Revised Statutes, Sec. 514.030 Theft by unlawful taking or disposition -- Penalties.|url=http://www.lrc.ky.gov/Statutes/statute.aspx?id=42315|website=Kentucky Legislative Research Commission|publisher=Kentucky Legislature|access-date=25 October 2017}}

In Massachusetts, theft may generally be charged as a felony if the value of stolen property is greater than $250.{{cite web|title=Crimes & Punishments, Crimes against Property, Chapter 266: Section 30 Larceny; General Provisions and Penalties|url=https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section30|website=Massachusetts General Laws|publisher=Commonwealth of Massachusetts|access-date=25 October 2017}}

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.{{cite web|title=RSMO Sec. 570.030. Stealing — penalties.|url=http://revisor.mo.gov/main/OneSection.aspx?section=570.030&bid=33189&hl=|website=Revised Statutes of Missouri|publisher=Revisor of Statutes, State of Missouri|access-date=25 October 2017}} Stealing in excess of $25,000 is usually a class B felony (sentence: 5–15 years),{{cite web|title=RSMO Sec. 558.011. Sentence of imprisonment, terms — conditional release.|url=http://revisor.mo.gov/main/OneSection.aspx?section=558.011&bid=29080&hl=|website=Revised Statutes of Missouri|publisher=Revisor of Statutes, State of Missouri|access-date=25 October 2017}} 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.{{cite web|url=http://ypdcrime.com/penal.law/article155.htm |title=Article 155 - New York State Penal Law Code - Larceny |publisher=Ypdcrime.com |date=2014-01-20 |access-date=2014-02-15}}

Grand Larceny:

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

Grand Larceny:

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

Theft of goods valued between $750 and $5000 is second-degree theft, a Class C felony.{{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.040| title = RCW 9A.56.040}} 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,{{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.030| title = RCW 9A.56.030}} as is theft of

a motor vehicle {{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.065| title = RCW 9A.56.065}}

or a firearm.{{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.300| title = RCW 9A.56.300}}

In the British West Indies, 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 at [https://www.nbcnews.com/id/wbna27400598 NBC News article]. Accessed October 27, 2008. Both Grenada and Jamaica are considering increasing fines and jail time for the thefts.

The following are countries with their respective rates of theft per 100,000 people, according to the United Nations in last available year. Such statistics are difficult to compare usefully because of large variations in the proportion of thefts reported to police, and how reported crimes are statistically compiled.{{Cite web|url=https://dataunodc.un.org/dp-crime-corruption-offences |title = Corruption & Economic Crime; Category Theft; United Nations Office on Drugs and Crime}}

{{Sticky header}}{{table alignment}}

{{div col}}

• Anti-theft system
• Asset management (corporate theft prevention)
• Confidence trick
• Credit card fraud
• Crime statistics
• Dishonesty
• Fence (criminal)
• Force-initiation
• Fraud
• Gentleman thief
• Larceny
• Money laundering
• Organized crime
• Pickpocketing
• Package pilferage
• Plagiarism
• Property is theft!
• Secret profit
• Skimming (casinos)
• Taxation as theft
• Theft Act
• Usufruct
• White-collar crime

{{div col end}}

Specific forms of theft and other related offences

{{div col}}

• Art theft
• Attention theft
• Bank robbery
• Bandwidth theft
• Bloody Code
• Brandjacking
• Carjacking
• Computer crime
• Confidence trick
• Economic Espionage Act of 1996
• Embezzlement
• Espionage
• Extortion
• Identity theft
• Kidnapping
• Laptop theft
• Metal theft
• Motor vehicle theft
• Organized retail crime
• Package pilferage
• Phishing
• Piracy
• Plagiarism
• Quackery
• Receipt of stolen property
• Ripoff
• Sperm theft
• Street sign theft
• Tax evasion
• Theft of services
• Theft by finding
• Electricity theft
• Wage theft

{{div col end}}

{{reflist}}

• Allen, Michael. Textbook on Criminal Law. Oxford University Press, Oxford. (2005) {{ISBN|0-19-927918-7}}.
• 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). {{ISBN|978-0674047310}}
• Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell. {{ISBN|0-421-19960-1}}
• Ormerod, David. Smith and Hogan Criminal Law, LexisNexis, London. (2005) {{ISBN|0-406-97730-5}}
• Maniscalco, Fabio, Theft of Art (in Italian), Naples – Massa (2000) {{ISBN|88-87835-00-4}}
• Smith, J. C. Law of Theft, LexisNexis: London. (1997) {{ISBN|0-406-89545-7}}.

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