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In the criminal law, theft (also known as stealing) is the wrongful taking of someone else's property without that person's freely-given consent. As a term, it is used as shorthand for all major crimes against property, encompassing offences such as burglary, embezzlement, larceny, looting, robbery, trespassing, shoplifting, intrusion, fraud (theft by deception) and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny, in others theft has replaced larceny.

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.

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. Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.

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Playing Grand Theft Auto IV. http://raptr.com/Rubius
Rubius (Rubius) Sat, 07 Nov 2009 08:21:02 -0000
Playing Grand Theft Auto IV. http://raptr.com/Rubius
Follow up to yesterday's petrol station poppy can cctv theft story: http://tiny.cc/RmzCj what a nice old boy.
Ruobrab (George Barbour) Sat, 07 Nov 2009 08:20:55 -0000
Follow up to yesterday's petrol station poppy can cctv theft story: http://tiny.cc/RmzCj what a nice old boy.
[Video] Panama - Grand Theft Video Interview http://bit.ly/jClMk
xclusiveszone (Xclusives Zone) Sat, 07 Nov 2009 08:20:40 -0000
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Post Office Theft: why should people with kak hairstyles & tasteless outfits be at all interested in my personal mail? Hm?
KoosKombuis (Koos Kombuis) Sat, 07 Nov 2009 08:19:51 -0000
Post Office Theft: why should people with kak hairstyles & tasteless outfits be at all interested in my personal mail? Hm?
Post: "Authorities Say Man Stole Car to Face Theft Charge" http://tinyurl.com/ygx7nra
PHNews0verviews (Philippine News) Sat, 07 Nov 2009 08:19:02 -0000
Post: "Authorities Say Man Stole Car to Face Theft Charge" http://tinyurl.com/ygx7nra
has just done a job in Petty Theft in #MobsterWorld http://bit.ly/43cCim
ceciliejo73 (Cecilie Johannessen) Sat, 07 Nov 2009 08:17:40 -0000
has just done a job in Petty Theft in #MobsterWorld http://bit.ly/43cCim

 
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