"Stealing" redirects here. For other uses, see Steal. "Thief" and "Thieves" redirect here. For other uses, see Thief (disambiguation). For other uses, see Thievery (disambiguation) and Theft (disambiguation). Constant Wauters, The Caught Thief Servant, oil on panel, 50 x 39,5, 1845 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. Elements "Hildebrands Deutscher Kakao" (Hildebrands German Cocoa) and "Verbesserte Röntgenstrahlen im Jahre 2000" (Improved X-Rays in the year 2000) 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/or 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. By jurisdiction 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) 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.
 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: 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 offence 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.
Hong Kong 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.
 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 organized 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 nears 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: 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. 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. Part 2 increases the maximum imprisonment to 2 months when the crime is committed again less than 2 years after the first time. 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. 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 Two young waifs steal a fine pair of boots. England and Wales 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. Appropriates 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. See R v Hinks and Lawrence v Metropolitan Police Commissioner. Property Section 4(1) provides that: "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: "Property" includes … all … property. 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 information and trade secrets 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. Electricity Electricity cannot be stolen. It is not property within the meaning of section 4 and is not appropriated by switching on a current.
Cf. the offence of abstracting electricity under section 13. Belonging to another 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, 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. With the intention of permanently depriving the other of it 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. Alternative verdict The offence created by section 12(1) of the Theft Act 1968 (TWOC) is available an alternative verdict on an indictment for theft.
 Visiting forces Theft is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952. 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.
 Aggravated theft The only offence of aggravated theft is robbery, contrary to section 8 of the Theft Act 1968. 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. 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". 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. Northern Ireland In Northern Ireland, theft is a statutory offence, created by section 1 of the Theft Act (Northern Ireland) 1969.
United States Bicycles can occasionally be stolen, even when locked up, by removing the wheel or cutting the lock that holds them. 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 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, 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. 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. Alabama 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. Alaska 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. Arizona 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. California 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. Florida In general, any property taken that carries a value of more than $300 can be considered grand theft in certain circumstances.
 Georgia 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. Hawaii 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 $300, theft from the person of another, or agricultural products over $100 or aquacultural products from an enclosed property. Illinois 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.
 Kentucky 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. Massachusetts In Massachusetts, theft may generally be charged as a felony alue of stolen property is greater than $250. Missouri 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). New York 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. Vermont Grand Larceny: Value of goods exceed $900 (13 V.S.A. § 2501) Virginia Grand Larceny: Value of goods exceed $200 (Virginia Code § 18.2-95) Washington State 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. Australia Victoria Theft is defined at s.72 of the Crimes Act 1958. The actus reus and mens rea are defined as follows: Actus reus The Robbers Stone, West Lavington, Wiltshire.
This memorial warns against thieving by recording the fate of several who attempted highway robbery on the spot in 1839 Appropriation – defined at s.73(4) of the Crimes Act 1958 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(Stein v Henshall). If the owner gave their consent to the appropriation there cannot be an appropriation(Baruday v R).
However, if this consent is obtained by deception, this consent is vitiated. Property – defined at s.71(1) of the Crimes Act 1958 as being both tangible property, including money and intangible property. Information has been held not be property (Oxford v Moss). Belonging to another – s.73(5) 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. s.73(9) & s.73(10) deal with situations where the accused receives property under an obligation or by mistake. South Australia Theft is defined at s.134 of the Criminal Consolidation Act 1935 (SA). If 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, they are guilty of theft.
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. Mens rea Intention to permanently deprive – defined at s.73(12) as treating property as it belongs to the accused, rather than the owner. Dishonestly – s.73(2) 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 (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)) 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. Sharia-governed regions Main article: Islamic criminal jurisprudence 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. See also Anti-theft system Asset management (corporate theft prevention) Confidence trick Credit card fraud Dishonesty Fence (criminal) Force-initiation Fraud Gentleman thief Larceny Money laundering Organized crime Pickpocketing Plagiarism Property is theft! Secret profit Skimming (casinos) Taxation as theft Theft Act Usufruct White-collar crime Specific forms of theft and other related offences Art theft Bank robbery Bandwidth theft Carjacking Computer crime Economic Espionage Act of 1996 Embezzlement Espionage Extortion Identity theft Kidnapping Laptop theft Metal theft Motor vehicle theft Organized retail crime Package pilferage Piracy Receipt of stolen property Street sign theft Tax evasion Theft of services Theft by finding Notes ^ a b "Theft".
Merriam-Webster. Retrieved October 12, 2011. ^ a b c d "Theft". legal-dictionary.The freedictionary.com. Retrieved October 12, 2011. ^ a b Criminal Law – Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1,  ^ a b "Cap. 210 THEFT ORDINANCE". legislation.gov.hk. ^ "Section 4, Criminal Justice (Theft and Fraud Offences) Act, 2001".
Irish Statute Book. ^ "Section 134, Criminal Law Consolidation Act, 1935 (SA)". ^ Criminal Code, RSC 1985, c c-45, s 322. ^ a b R. v. Stewart,  1 S.C.R. 963. Full text of Supreme Court of Canada decision at LexUM ^ Security of Information Act, R.S.C., 1985, c. O-5, s.19 ^ a b c € 19,500 ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl. ^ a b c € 78,000 ^ "wetten.
nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl. ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl. ^ € 3,900 ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl. ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl. ^ "Penal Code of Romania, art.
208". Retrieved January 29, 2013. ^ "Penal Code of Romania, art. 209". Retrieved January 29, 2013. ^ Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-01 at page 12. ^ The Theft Act 1968, section 1(3) ^ Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-03 at page 13. ^ Oxford v Moss (1979) 68 Cr App Rep 183,  Crim LR 119, DC ^ R v Absolom, The Times, 14 September 1983 ^ Attorney General of Hong Kong v Nai-Keung  1 WLR 1339, PC ^ Low v Blease (1975) 119 SJ 695,  Crim LR 513, DC ^ R v Turner (No 2)  1 WLR 901,  2 All ER 441,  RTR 396, sub nom R v Turner, 115 SJ 405, sub nom R v Turner (Frank Richard) 55 Cr App R 336, CA ^ The Theft Act 1968, section 12(4) ^ The Visiting Forces Act 1952, section 3(6) and Schedule, paragraph 3(g) (as inserted by the Theft Act 1968, Schedule 2, Part III) ^ The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28 ^ The Theft Act 1968, section 7 ^ The Magistrates' Courts Act 1980, section 32(1) ^ Griew, Edward.
The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 3-01 at page 79. ^ The Theft Act 1968, section 24(4) as amended by the Fraud Act 2006 ^ The Theft Act 1968, section 22(1) ^ Link to Justice.gov concerning federal crimes https://www.justice.gov/usam/usam-9-61000-crimes-involving-property ^ See, e.g., N.Y. Penal law sections 155.00-155.45, found at NY Assembly official web site.
Accessed March 17, 2008. ^ John, Gramlich; Zafft, Katie (31 March 2016). "Updating State Theft Laws Can Bring Less Incarceration—and Less Crime". Pew Charitable Trusts. Retrieved 25 October 2017. ^ Larson, Aaron (4 June 2016). "Petty Larceny and Grand Larceny Laws". ExpertLaw. Retrieved 25 October 2017. ^ See Rummel v. Estelle, 445 U.S. 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, 538 U.S. 63 (2003) (upholding sentence of 50 years to life for stealing videotapes on two separate occasions). ^ "» Alabama Code 13A-8-4.1. Theft of property in the third degreeLawServer". www.lawserver.com. Retrieved 2017-12-14. ^ "» Alabama Code 13A-8-5. Theft of property in the fourth degreeLawServer". www.lawserver.com. Retrieved 2017-12-14.
^ "Busted: What Happens When Shoplifters". Talk of the Nation. NHPR. 15 November 2012. Retrieved 14 December 2017. ^ "Alaska Statutes, Sec. 11.46.130". Alaska State Legislature. Retrieved 25 October 2017. ^ "Arizona Revised Statutes, Sec. 13-1802. Theft; classification; definitions". Arizona State Legislature. Retrieved 25 October 2017. ^ California Penal Code Section 486. For the entire portion of the Penal Code covering theft, leginfo.
ca Archived 2010-06-28 at the Wayback Machine. ^ California Penal Code Section 490a. ^ California Penal Code Section 487. ^ "California Penal Code, Sec. 487". California legislative Information. California State Legislature. Retrieved 25 October 2017. ^ California Penal Code Section 488. ^ California Penal Code Section 489. ^ California Penal Code Section 490. ^ "Florida Statutes, Sec. 812.014, Theft".
Online Sunshine. Florida Legislature. Retrieved 25 October 2017. ^ "O.C.G.A. 16-8-12, Penalties for violation of Code Sections 16-8-2 through 16-8-9". Justia. Retrieved 25 October 2017. ^ "Hawaiii Revised Statutes, Sec. 708-830.5 Theft in the first degree". Hawaii State Legislature. Retrieved 25 October 2017. ^ "Hawaiii Revised Statutes, Sec. 708-831 Theft in the second degree". Hawaii State Legislature.
Retrieved 25 October 2017. ^ "720 ILCS 5/16-1, Theft". Illinois Compiled Statutes. Illinois General Assembly. Retrieved 25 October 2017. ^ "Kentucky Revised Statutes, Sec. 514.030 Theft by unlawful taking or disposition -- Penalties". Kentucky Legislative Research Commission. Kentucky Legislature. Retrieved 25 October 2017. ^ "Crimes & Punishments, Crimes against Property, Chapter 266: Section 30 Larceny; General Provisions and Penalties".
Massachusetts General Laws. Commonwealth of Massachusetts. Retrieved 25 October 2017. ^ "RSMO Sec. 570.030. Stealing — penalties". Revised Statutes of Missouri. Revisor of Statutes, State of Missouri. Retrieved 25 October 2017. ^ "RSMO Sec. 558.011. Sentence of imprisonment, terms — conditional release". Revised Statutes of Missouri. Revisor of Statutes, State of Missouri. Retrieved 25 October 2017.
^ "Article 155 - New York State Penal Law Code - Larceny". Ypdcrime.com. 2014-01-20. Retrieved 2014-02-15. ^ RCW 9A.56.040 ^ RCW 9A.56.030 ^ RCW 9A.56.065 ^ RCW 9A.56.300 ^ Oxford v Moss  Crim LR 119  ^ "Theft and Stealing Offences South Australia | Criminal legal". sa.criminallegal.com.au. Retrieved 2016-03-12. ^ a b AP, "Sand stolen across Caribbean for construction: 'We will lose our beaches' unless crime is taken seriously, one official says", found at MSNBC article.
Accessed October 27, 2008. ^ "Center for Muslim-Jewish Engagement". usc.edu. ^ Contemporary Interpretation of Islamic Law – Page 85, Hassan Affi – 2014 References 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.
External links Wikivoyage has travel information for theft. Theft – Indian Penal Code, Chapter XVII (Mobile Friendly) Quotations related to Theft at Wikiquote The dictionary definition of scrump at Wiktionary The dictionary definition of theft at Wiktionary Media related to Theft at Wikimedia Commons v t e English criminal law Classes of crimes Common law Indictable Either way Summary Regulatory Lesser included Elements of crimes Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat Inchoate offences Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose Defences Self-defence Duress Necessity Marital coercion Consent Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences Offences against the person Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c.
in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction False imprisonment Harassment Offences Against the Person Act 1861 Sexual offences Rape Sexual assault Sexual Offences Act 2003 Public order offences Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a disorderly house Preventing the lawful burial of a body Breach of the peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory (legal term) Misconduct in a public office Misfeasance in public office Abuse of authority Perjury of oath Dereliction of duty Offences against property Arson Dishonesty Cheating (law) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taking without owner's consent Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail Forgery, personation and cheating Forgery Cheating the public revenue Uttering Offences against justice Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police / Given Evidence / Been a Juror Misprision of treason Misprision of felony Compounding a felony Jury tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstruction of justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner Other common law areas Contract Tort Property Wills Trusts and estates Evidence Criminal procedure History Law of England and Wales portal Criminal Justice portal v t e Property By owner Communal land Marital property (USA) Cooperative Estate in land Private Public State Crown land By nature Croft Intangible Intellectual indigenous Personal Tangible immovable real Common resources Common land Common-pool resource Digital Global Information Knowledge Theory Bundle of rights Commodity fictitious commodities Common good (economics) Excludability First possession appropriation homestead principle Free rider problem Game theory Georgism Gift economy Labor theory of property Law of rent rent-seeking Legal plunder Natural rights Ownership common customary self state Property rights primogeniture usufruct women's Right to property Rivalry Tragedy of the commons anticommons Applications Acequia (watercourse) Ejido (agrarian land) Forest types Inheritance Land tenure Property law alienation easement restraint on alienation real estate title Rights Air Fishing Forest-dwelling (India) Freedom to roam Grazing pannage Hunting Land aboriginal indigenous squatting Littoral Mineral Bergregal Right of way Water prior-appropriation riparian Disposession/redistribution Bioprospecting Collectivization Eminent domain Enclosure Eviction Expropriation Farhud Forced migration population transfer Illegal fishing Illegal logging Land reform Legal plunder Piracy Poaching Primitive accumulation Privatization Regulatory taking Slavery bride-buying human trafficking wage wife selling Tax inheritance poll progressive property Theft Scholars(key work) Frédéric Bastiat Ronald Coase Henry George Garrett Hardin David Harvey John Locke Two Treatises of Government Karl Marx Marcel Mauss The Gift John Stuart Mill Elinor Ostrom Karl Polanyi The Great Transformation Pierre-Joseph Proudhon What Is Property? David Ricardo Murray N.
Rothbard The Ethics of Liberty Jean-Jacques Rousseau The Social Contract Adam Smith The Wealth of Nations Categories: Property Property law by country Authority control GND: 4133306-8 NDL: 00570844 Retrieved from "https://en.wikipedia.org/w/index.php?title=Theft&oldid=826472808"See Also: Bank First Duncan Ok
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2913.02 Theft. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized to give consent; (2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent; (3) By deception; (4) By threat; (5) By intimidation.
(B) (1) Whoever violates this section is guilty of theft. (2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), (8), or (9) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.
71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree.
If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.
(3) Except as otherwise provided in division (B)(4), (5), (6), (7), (8), or (9) of this section, if the victim of the offense is an elderly person , disabled adult, active duty service member, or spouse of an active duty service member, a violation of this section is theft from a person in a protected class, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from a person in a protected class is a felony of the fifth degree.
If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from a person in a protected class is a felony of the fourth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from a person in a protected class is a felony of the third degree.
If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from a person in a protected class is a felony of the first degree. (4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft.
Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree.
The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender. (5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree. (6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree. (8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.
(9) Except as provided in division (B)(2) of this section with respect to property with a value of seven thousand five hundred dollars or more and division (B)(3) of this section with respect to property with a value of one thousand dollars or more, if the property stolen is a special purpose article as defined in section 4737.04 of the Revised Code or is a bulk merchandise container as defined in section 4737.
012 of the Revised Code, a violation of this section is theft of a special purpose article or articles or theft of a bulk merchandise container or containers, a felony of the fifth degree. (10) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following: (a) Unless division (B)(10)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege; (b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(10)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.
02 of the Revised Code, provided that the suspension shall be for at least six months. (c) The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to division (B)(10)(a) or (b) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
(11) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented.
Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of section 2913.72 of the Revised Code. (C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(10) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510.
of the Revised Code. Amended by 130th General Assembly File No. TBD, HB 488, §1, eff. 9/16/2014. Amended by 130th General Assembly File No. 7, HB 51, §101.01, eff. 7/1/2013. Amended by 129th General AssemblyFile No.131, SB 337, §1, eff. 9/28/2012. Amended by 129th General AssemblyFile No.29, HB 86, §1, eff. 9/30/2011. Effective Date: 04-08-2004; 11-26-2004; 06-30-2006; 03-14-2007; 2008 SB320 04-07-2009.
Related Legislative Provision: See 129th General AssemblyFile No.29, HB 86, §4 .