thief

Elements

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.

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, 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, 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. 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.

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. 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.

Romani people were forced to commit theft in Europe primarily for survival. Envious European craft guilds, aiming to preserve local monopolies, attempted to restrict traditional nomadic Romani trades such as metalworking and basket manufacturing. Consequently, due to these limitations, Romani individuals increasingly turned to begging, pickpocketing and stealing in order to survive poverty, thereby reinforcing the stereotype that Romani people are thieves that had followed them since their arrival in Europe.

Religious views

Buddhism

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

Hinduism

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

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. 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.

Judaism and Christianity

In the Hebrew Bible, two of the Ten Commandments relate to theft: "Thou shalt not steal" and "Thou shalt not covet". The Christian New Testament describes Jesus affirming these in his teachings.

By jurisdiction

Australia

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.". 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. 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. 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.

Canada

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:

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)

Hong Kong

Section 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.

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.

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.

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.

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.

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:

Republic of Ireland

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

Romania

According to the Romanian Penal Code a person committing theft (furt) can face a penalty ranging from 1 to 20 years.

Degrees of theft:

Article 208: Theft (1 to 12 years)—When a person steals an object, or uses a vehicle without permission and no aggravating circumstances apply.

Article 209: Qualified theft (3 to 20 years)

Aggravating circumstances (3 to 15 years): a) by two or more persons together; b) by a person in possession of a gun or a narcotic substance; c) by a masked or disguised person; d) against a person who cannot defend his or herself; e) in a public place; f) in a public transportation vehicle; g) during nighttime; h) during a natural disaster; i) through burglary, or by using an original or copied key; j) stealing national treasures; k) stealing official identity papers with the intention to make use of them; l) stealing official identity badges with the intention to make use of them.

Aggravating circumstances (4 to 18 years): a) stealing petrol-based products directly from transportation pipes and vehicles or deposits; b) stealing components from national electrification, telecommunication, irrigation networks or from any type of navigational system; c) stealing a siren; d) stealing a public intervention vehicle or device; e) stealing something which 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).

United Kingdom

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.

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 offence of theft is typically understood to have 5 elements which must be proved at trial: dishonesty, appropriation, property, belonging to another, intent to permanently deprive.

There is no theft without dishonesty in English & Welsh criminal law. Reflective of this, s2 of the Theft Act 1968 provides circumstances in which a person is not to be considered dishonest. However the word is not defined in statute.

The test of dishonesty is a common law one. It was previously contained in the judgment of R v Ghosh, however this has since been overruled by Ivey v Genting Casinos, as confirmed by R v Barton and Booth.

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.

United States

In the United States, crimes must be prosecuted in the jurisdiction in which they occurred. Although federal and state jurisdiction may overlap, even when a criminal act violates both state and federal law, in most cases only the most serious offenses are prosecuted at the federal level.

The federal government has criminalised certain narrow categories of theft that directly affect federal agencies or interstate commerce. The Model Penal Code, promulgated by the American Law Institute to help state legislatures update and standardise their laws, 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.

Although many U.S. states have retained larceny as the primary offense, some have now adopted theft provisions.

Grand theft, also called grand larceny, is a term used throughout the United States designating theft that is large in magnitude or serious in potential penological consequences. Grand theft is contrasted with petty theft, also called petit theft, that is of smaller magnitude or lesser seriousness.

Theft laws, including the distinction between grand theft and petty theft for cases falling within its jurisdiction, vary by state. This distinction is established by statute, as are the penological consequences. Most commonly, statutes establishing the distinction between grand theft and petty theft do so on the basis of the value of the money or property taken by the thief or lost by the victim, with the dollar threshold for grand theft varying from state to state. Most commonly, the penological consequences of the distinction include the significant one that grand theft can be treated as a felony, while petty theft is generally treated as a misdemeanor.

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.

West Indies

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.

Statistics

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.