Theft
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.
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.
[12] 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.
[12]: 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.
[14] 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.
[16][17] 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.
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.
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.".
[23] 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.
[28] 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'.
(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 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.
[30] 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.
[31] 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.
Below are excerpts of laws of Indian penal Code which state definitions and punishments for theft.
[45] According to the Romanian Penal Code a person committing theft (furt) can face a penalty ranging from 1 to 20 years.
(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.
The words "other intangible property" include export quotas that are transferable for value on a temporary or permanent basis.
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.
In R v Turner,[55] the owner removed his car from the forecourt of a garage where it had been left for collection after repair.
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.
§ 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.
[79] The older crimes of embezzlement, larceny, and stealing, and any preexisting references to them now fall under the theft statute.
[80] There are a number of criminal statutes in the California Penal Code defining grand theft in different amounts.
[83] 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,[84] while petty theft is a misdemeanor punishable by a fine or imprisonment not exceeding six months in jail or both.
[86] In Georgia, when a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor.
[91] In Massachusetts, theft may generally be charged as a felony if the value of stolen property is greater than $250.
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.
[96] 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,[97] as is theft of a motor vehicle [98] or a firearm.
[99] In the British West Indies, especially Grenada, there have been a spate of large-scale thefts of tons of sand from beaches.
