The taking or appropriation of property belonging to another person without consent, with the intention of permanently depriving that person of the property. Borrowing is not theft, but such temporary appropriation may in certain jurisdictions sometimes be the subject of other criminal sanctions. For example, in the UK the temporary taking of a motor-car without the owner's consent is a statutory criminal offence, known as aggravated vehicle taking and joyriding in most US jurisdictions. Most US jurisdictions divide theft into petty theft (usually involving thefts of property worth less than $400) and grand theft (all other property). In the United Kingdom, theft involving the use of force may amount to robbery.
| Criminal law in English law |
|---|
| Part of the common law series |
| Classes of crimes |
| Summary · Indictable |
| Hybrid offence · Regulatory offences |
| Lesser included offence |
| Elements of crimes |
| Actus reus · Causation |
| Mens rea · Intention (general) |
| Intention in English law · Recklessness |
| Criminal negligence · Corporate liability |
| Vicarious liability · Strict liability |
| Omission · Concurrence |
| Ignorantia juris non excusat |
| Inchoate offences |
| Incitement · Conspiracy |
| Accessory · Attempt |
| Common purpose |
| Defences |
| Consent · Diminished responsibility |
| Duress |
| M'Naghten Rules · Necessity |
| Provocation |
| Self-defence |
| Crimes against the person |
| Common assault · Battery |
| Actual bodily harm · Grievous bodily harm |
| Offences Against The Person Act 1861 |
| Murder · Manslaughter |
| Corporate manslaughter · Harassment |
| Public order and crimes against property |
| Criminal Damage Act 1971 |
| Malicious Damage Act 1861 |
| Public nuisance |
| Crimes of dishonesty |
| Theft Act 1968 · Theft · Dishonesty |
| Robbery · Burglary · TWOC |
| Deception · Deception offences |
| Blackmail · Handling |
| Theft Act 1978 · Forgery |
| Computer crime |
| Sexual crimes |
| Rape · Kidnapping |
| Crimes against justice |
| Bribery · Perjury |
| Obstruction of justice |
| See also Criminal Procedure |
| Criminal Defences |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
In the criminal law, theft (also known as stealing) is the illegal taking of someone else's property without that person's freely-given consent.
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/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
Theft in English law
Theft was codified into a statutory offence in the Theft Act 1968 which defines it as:
"A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". For alternative charges involving deceptions, see the deception offences and the Theft Act 1978 which may overlap with s1 Theft.Theft in Victoria - Australia
Theft is defined at s.72 of the Crimes Act 1958. These are a belief in a legal claim of right (s.73(2)(a)), a belief that the owner would have consented (s.73(2)(b)), or a belief the owner could not be found(s.73(2)(c))
Theft in the U.S.
Although many U.S. states have retained larceny as the primary offense, some have now adopted theft provisions.
For example, California consolidated a variety of common law crimes into theft in 1927, and now distinguishes between two types of theft, grand theft and petty theft. Grand theft generally consists of the theft of something of value over $400 (it can be money, labor or property), while petty theft is the default category for all other thefts. Both are felonies, but grand theft is punishable by a year in jail or prison, while petty theft is punishable by a fine or six months in jail.
In many states, grand theft of a vehicle is charged as "grand theft auto" (see motor vehicle theft for more information).
Theft in Canada
Theft is dealt with by Part 9 of the Criminal Code of Canada which is the part that covers property crime. Section 322 in Part 9 creates a general definition of theft, while other sections such as section 326 (which deals with the theft of gas, electricity and telecommunication services) define special kinds of theft.
Theft in Romania
By the Romanian Penal Code for theft (furt) a person can face a penalty ranging from 1 to 20 years.
Degrees of theft:
A: Theft (1 to 12 years)
When a person steals a thing, or uses a vehicle without permision and no aggravating circumstances applies.
B: Qualified theft (basically 3 to 15 years but there can be special cases when penalty range is from 4 to 18 years and even 10 to 20 years)
Aggravating circumstances - 3 to 15 years: a) by two or more persons together b) by a person who detains a gun or a narcotic substance c) by a masked or disguised person d) against a person who is in impossibility of self defence e) in a public place f) in a public transportation vehicle g) during the night h) during a natural disaster i) by effraction, or by using an original or copyed key j) things belongs to the cultural patrimonium k) stealing official identity papers with intention to make use of them l) stealing official identity badges with 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, telecomunication, irrigation networks or from any type of navigational system c) stealing a public alertation device d) stealing a public intervention vehicle or device e) when periclitating the safety of public transportation.
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