Difference between revisions of "Theft"
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==Origin== | ==Origin== | ||
[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] stelen, from [https://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] stelan; akin to Old High German stelan to steal | [https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] stelen, from [https://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] stelan; akin to Old High German stelan to steal | ||
| − | *[ | + | *[https://en.wikipedia.org/wiki/12th_century before 12th Century] |
==Definitions== | ==Definitions== | ||
*1: to take the [[property]] of another [[wrong]]fully and especially as a [[habitual]] or regular [[practice]] | *1: to take the [[property]] of another [[wrong]]fully and especially as a [[habitual]] or regular [[practice]] | ||
*2: to come or go [[secretly]], unobtrusively, [[gradually]], or unexpectedly | *2: to come or go [[secretly]], unobtrusively, [[gradually]], or unexpectedly | ||
==Description== | ==Description== | ||
| − | In [ | + | In [https://en.wikipedia.org/wiki/Criminal_law criminal law], '''theft''' is the illegal taking of another [[person]]'s [[property]] without that [[person]]'s freely-given [[consent]]. The [[word]] is also used as an informal shorthand term for some [[crimes]] against [[property]], such as [https://en.wikipedia.org/wiki/Burglary burglary], [https://en.wikipedia.org/wiki/Embezzlement embezzlement], larceny, looting, robbery, shoplifting, [[fraud]] and sometimes [https://en.wikipedia.org/wiki/Criminal_conversion criminal conversion]. In some [[jurisdictions]], theft is [[considered]] to be synonymous with [https://en.wikipedia.org/wiki/Larceny 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, and the [[act]] of theft is known as stealing, thieving, or sometimes filching. | Someone who carries out an act of or makes a [[career]] of theft is known as a thief, and the [[act]] of theft is known as stealing, thieving, or sometimes filching. | ||
| − | The [ | + | The [https://en.wikipedia.org/wiki/Actus_reus actus reus] of theft is usually defined as an unauthorized taking, keeping or using of another's [[property]] which must be accompanied by a [https://en.wikipedia.org/wiki/Mens_rea 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 [[realizes]] 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 [ | + | 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 [[realizes]] 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 [https://en.wikipedia.org/wiki/Tort torts] of [https://en.wikipedia.org/wiki/Trespass_to_chattels trespass to chattels] or [https://en.wikipedia.org/wiki/Conversion_(law) conversion] in either [[eventuality]].[https://en.wikipedia.org/wiki/Stealing] |
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 02:42, 13 December 2020
Origin
Middle English stelen, from Old English stelan; akin to Old High German stelan to steal
Definitions
- 1: to take the property of another wrongfully and especially as a habitual or regular practice
- 2: to come or go secretly, unobtrusively, gradually, or unexpectedly
Description
In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. 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, and the act of theft is known as stealing, thieving, or sometimes filching.
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 realizes 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.[1]
