What if Someone Commits a Thieft and Then Commits a Thieft Again

Human activity of taking another's property without permission or consent

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 possessor of it.^{[ane] [2] [three]} The word theft is too used as a synonym or informal autograph term for some crimes against holding, such equally larceny, robbery,^[i] embezzlement, extortion, blackmail, or receiving stolen holding.^[ii] In some jurisdictions, theft is considered to be synonymous with larceny,^{[4] [v]} while in others, theft is defined more narrowly.^[6] Someone who carries out an deed of theft may be described as a thief .^[vii]

Theft is the proper name of a statutory offence in California, Canada, England and Wales, Hong Kong,^[8] Northern Republic of ireland, the Ireland,^[9] and the Australian states of South Commonwealth of australia^[10] and Victoria.^[11]

Elements [edit]

The actus reus of theft is ordinarily defined equally an unauthorized 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 case, if X goes to a restaurant and, by mistake, takes Y'due south scarf instead of her own, she has physically deprived Y of the utilise of the belongings (which is the actus reus) but the mistake prevents Ten from forming the mens rea (i.east., because she believes that she is the owner, she is non dishonest and does not intend to deprive the "possessor" of information technology) so no crime has been committed at this point. But if she realizes the mistake when she gets home and could render the scarf to Y, she will steal the scarf if she dishonestly keeps it (run across theft by finding). Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.

By jurisdiction [edit]

The following are the countries with the most cases of theft co-ordinate to the Un in 2018.^[12]

Land	Count	Rate
United States	five,217,100	one,594.97
Brazil	2,204,299	1,052.33
United Kingdom	1,593,128	ii,694.93
Italian republic	one,001,327	1,651.61
Germany	ane,082,478	i,302.24

Australia [edit]

Actus reus [edit]

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

South Australia

Theft is defined in department 134 of the Criminal Consolidation Act 1935 (SA) as being where a person deals with property dishonestly, without the owner'south consent and intending to deprive the owner of their holding, or make a serious encroachment on the proprietary rights of the owner.^[10]

Under this law, inroad on proprietary rights ways that the belongings is dealt with in a way that creates a substantial chance that the property volition not exist returned to the owner, or that the value of the holding will exist greatly diminished when the possessor does get information technology back. Too, where holding is treated as the defendant's own property to dispose of, disregarding the actual holding owner's rights.^[13]

For a bones offence, a person institute guilty of this offence is liable for imprisonment of upwards to 10 years.

For an aggravated offence, a person found guilty of this offence is liable for imprisonment of upward to 15 years.

Victoria

Theft is defined in the Crimes Deed 1958 (Vic) as when a person "dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.".^[fourteen] The actus reus and mens rea are defined equally follows: Appropriation is divers in section 73(iv) of the Crimes Act 1958 (Vic) as the assumption of whatever of the possessor's rights.^[15] It does non take to exist all the possessor's rights, as long as at to the lowest degree one right has been assumed.^[16] If the owner gave their consent to the appropriation there cannot be an appropriation.^[17] Withal, if this consent is obtained by charade, this consent is vitiated.

Property – defined in section 71(one) of the Crimes Human action 1958 (Vic) as existence both tangible holding, including money and intangible property.^[18] Information has been held not be property.^[19]

Belonging to another – section 73(five) of the Crimes Act 1958 (Vic) provides that property belongs to some other if that person has ownership, possession, or a proprietary interest in the holding. Belongings can vest to more one person. sections 73(9) & 73(x) bargain with situations where the defendant receives property under an obligation or by mistake.^[15]

Mens rea [edit]

South Australia

Whether a person'south comport is dishonest is a question of fact to be adamant by the jury, based on their ain noesis and feel. As with the definition in Victoria, it contains definitions of what is non dishonesty, including a belief in a legal claim of right or a belief the owner could not be constitute.^[twenty]

Victoria

Intention to permanently deprive – defined at due south.73(12) as treating property every bit information technology belongs to the accused, rather than the owner.

Dishonestly – department 73(2) of the Crimes Act 1958 (Vic) creates a negative definition of the term 'dishonestly'. The department deems just three circumstances when the accused is deemed to have been interim honestly. These are a belief in a legal claim of right, a belief that the owner would have consented, or a belief the owner could not be plant.^[15]

Canada [edit]

Section 322(1) of the Criminal Code provides the general definition for theft in Canada:

322. (ane) Every i commits theft who fraudulently and without colour of right takes, or fraudulently and without color of right converts to his/her use or to the employ 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 information technology, of the thing or of his belongings or interest in information technology;

(b) to pledge information technology 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 bargain with it in such a manner that it cannot be restored in the status in which it was at the time it was taken or converted.^[21]

Sections 323 to 333 provide for more than 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 (southward. 326)
• possession of device to obtain telecommunication facility or service (s. 327)
• theft past or from person having special holding or interest (due south. 328)
• theft by person required to business relationship (s. 330)
• theft by person holding ability of attorney (s. 331)
• misappropriation of money held nether direction (southward. 332)
• exception for ore taken for exploration or scientific inquiry (s. 333)

In the general definition above, the Supreme Court of Canada has construed "anything" very broadly, stating that it is non restricted to tangibles, but includes intangibles. To be the field of study of theft it must, however:

• be property of some sort;
• be belongings capable of existence

• 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.^[22]

Because of this, confidential information cannot exist the subject field of theft, as information technology is not capable of being taken every bit only tangibles tin be taken. It cannot be converted, not because it is an intangible, just because, salve in very exceptional far‑fetched circumstances, the owner would never exist deprived of it.^[22] However, the theft of trade secrets in sure circumstances does establish part of the offence of economical espionage, which can be prosecuted under s. 19 of the Security of Information Human activity.^[23]

For the purposes of punishment, Department 334 divides theft into two separate offences, according to the value and nature of the goods stolen:

• If the affair 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 x years imprisonment.
• Where the stolen item is not a testamentary musical instrument and is not worth more than than $5000 information technology is known as Theft Under $5000 and is a hybrid offence, significant that information technology can exist treated either as an indictable offense or a less serious summary conviction offence, depending on the choice of the prosecutor.

• if dealt with equally an indictable offence, it is punishable by imprisonment for not more than ii years, and,
• if treated as a summary confidence offence, it is punishable by 6 months imprisonment, a fine of $2000 or both.

Where a motor vehicle is stolen, Section 333.one provides for a maximum penalisation 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 confidence.

Hong Kong [edit]

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 some other with the intention of permanently depriving the other of it; and thief and steal shall be construed appropriately. (2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief'south own benefit.^[eight]

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 Human action 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 Courtroom. It is the main departure between the offence of theft in these two jurisdictions.

India [edit]

Theft is a criminal action 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.

Department 378 – Theft.

Whoever intending to take dishonestly whatsoever movable property out of the possession of whatever person without that person'south consent, moves that property in order to such taking is said to commit theft.Explanation one.—A thing so long every bit it is attached to the earth, not being movable holding, is not the subject of theft; simply it becomes capable of being the subject area of theft as shortly equally it is severed from the world.

Explanation ii.—A moving effected past the same human activity which effects the severance may be a theft.

Explanation 3.—A person is said to cause a affair to move past removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving information technology.

Explanation four.—A person, who by whatever means causes an animal to move, is said to movement that animate being, and to motility everything which, in consequence of the motion then acquired, is moved by that animate being.

Explanation v.—The consent mentioned in the definition may exist express or implied, and may be given either past the person in possession, or by any person having for that purpose authorisation either express or unsaid.^[24]

Section 379 – Punishment for theft.

Whoever commits theft shall be punished with imprisonment of either clarification for a term which may extend to three years, or with fine, or with both.^[25]

Department 380 – Theft in home, etc.

Whoever commits theft in any edifice, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of belongings, shall exist punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.^[26]

Section 381 - Theft by clerk or servant of property in possession of chief.

Whoever, being a clerk or retainer, or being employed in the capacity of a clerk or retainer, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall too exist liable to fine.^[27]

Section 382 – Theft afterward grooming made for causing death, injure or restraint in order to the committing of the theft.

Whoever commits theft, having made preparation for causing death, or injure, or restraint, or fright of decease, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in club to the effecting of his escape afterwards the committing of such theft, or in gild to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to 10 years, and shall too be liable to fine.

^[28]

The Netherlands [edit]

Theft is a crime with related articles in the Wetboek van Strafrecht.

• Article 310 prohibits theft (Dutch: diefstal), which is defined every bit 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 5th category.^{[29] [xxx]}
• Article 311 consists of the following:
  • Part one. Punishable with maximum imprisonment of 6 years or a fine of the quaternary category^[29] is:
    • ane. Theft of cattle;
    • two. Theft during certain emergency occasions;
    • 3. Theft during night in a residence past someone who is there without cognition or permission of the possessor;
    • 4. Theft by 2 or more organized people;
    • 5. Theft, where the thief got access past ways of violence, climbing in, using false keys or disguise;
    • six. Terroristic theft.
  • Part 2. When theft if committed every bit in 3 with the situation of four and 5, the penalization is a maximum imprisonment of 9 years or a fine of the fifth category.^{[31] [32]}
• Article 312 consists of the following:
  • Part i prohibits robbery (Dutch: beroving), which is defined as taking abroad any object with violence or with threat of violence. Maximum imprisonment is 9 years or a fine with the fifth category^[31]
  • Part two allows maximum imprisonment of 12 years or a fine of the fifth category^[31] when:
    • 1. Robbery was committed during nighttime, in a residence, on the public road or moving train;
    • 2. Robbery was committed past ii or more people;
    • 3. Robbery was committed by violence, climbing in, fake central or disguise;
    • iv. Robbery caused severe injury;
    • 5. Robbery was terroristic.
  • Part 3 allows maximum imprisonment of fifteen years instead of 12 when robbery acquired expiry to the victim.^[33]
• Article 314 consists of the following:
  • Role 1 prohibits poaching (Dutch: stroperij), which is defined every bit taking abroad without violence the following: clay, sand, earth, raw woods, fallen vegetables (see the source for a complete listing). Maximum imprisonment is one month or a fine of the second category.^[34]
  • Part ii increases the maximum imprisonment to 2 months when the crime is committed once again less than ii years later on the get-go time.^[35]
• Commodity 315 increases the maximum imprisonment and fine category when poaching is washed with vehicles and typhoon animals. Maximum imprisonment is three years or a fine of the fourth category.^{[29] [36]}

Republic of Ireland [edit]

Theft is a statutory offence, created by section 4(1) of the Criminal Justice (Theft and Fraud Offences) Deed, 2001.^[37]

Romania [edit]

According to the Romanian Penal Code a person committing theft (furt) can face a punishment ranging from i to twenty years.^{[38] [39]}

Degrees of theft:

• Article 208: Theft (i to 12 years)—When a person steals an object, or uses a vehicle without permission and no aggravating circumstances apply.
• Commodity 209: Qualified theft (three to xx years)

• Aggravating circumstances (three to xv 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) confronting 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 past using an original or copied key; j) stealing national treasures; k) stealing official identity papers with the intention to brand use of them; l) stealing official identity badges with the intention to make use of them.

• Aggravating circumstances (four to 18 years): a) stealing petrol-based products directly from transportation pipes and vehicles or deposits; b) stealing components from national electrification, telecommunications, irrigation networks or from any type of navigational organisation; c) stealing a siren; d) stealing a public intervention vehicle or device; due east) stealing something which jeopardizes the safe of public transportation.

• Aggravating circumstances (10 to twenty years): when the consequences are extremely grave and touch on public institutions or the material stolen is worth over 200,000 RON (approximately The states$lxxx,000).^{[ citation needed ]}

Britain [edit]

Two immature waifs steal a fine pair of boots.

England and Wales [edit]

In England and Wales, theft is a statutory offence, created by section 1(i) of the Theft Act 1968. This offence replaces the onetime offences of larceny, embezzlement and fraudulent conversion.^[40]

The marginal note to department 1 of the Theft Act 1968 describes it as a "basic definition" of theft. Sections 1(1) and (2) provide:

1.-(ane) A person is guilty of theft, if he dishonestly appropriates property belonging to some other with the intention of permanently depriving the other of information technology; and "thief" and "steal" shall be construed accordingly.

(ii) It is immaterial whether the appropriation is made with a view to proceeds, or is made for the thief'south own do good.

Sections two to 6 of the Theft Human activity 1968 have effect as regards the estimation and operation of section i of that Act. Except as otherwise provided past that Act, sections ii to 6 of that Human activity employ only for the purposes of section 1 of that Act.^[41]

Appropriates [edit]

Section three provides:

(1) Any assumption by a person of the rights of an possessor amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing information technology, whatsoever subsequently assumption of a correct to it past 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 adept faith, no later assumption by him of rights which he believed himself to exist acquiring shall, by reason of any defect in the transferor's title, amount to theft of the holding.

See R v Hinks and Lawrence v Metropolitan Constabulary Commissioner.

Holding [edit]

Section 4(1) provides that:

"Property" includes money and all other holding, real or personal, including things in action and other intangible property.

Edward Griew said that department iv(1) could, without changing its meaning, be reduced, past omitting words, to:

"Property" includes … all … holding.^[42]

Sections iv(ii) to (four) provide that the following can merely be stolen under sure circumstances:

• Land or things forming part of land and severed from it (s. 4(ii))
• Mushrooms growing wild on whatsoever land, or the flowers, fruit or leafage of plants growing wild on whatsoever land (s. 4(iii))
• Wild creatures or the carcases of wild creatures (s. 4(4))

Intangible property

Confidential information^[43] and trade secrets^[44] are not property inside the pregnant of section 4.

The words "other intangible property" include export quotas that are transferable for value on a temporary or permanent basis.^[45]

Electricity

Electricity cannot be stolen. It is not property inside the meaning of section 4 and is non appropriated by switching on a current.^[46] Cf. the offence of abstracting electricity nether section 13.

Belonging to some other [edit]

Section five "belonging to another" requires a distinction to be made between ownership, possession and control:

• buying is where a person is not legally accountable to anyone else for the use of the property:
• possession is where a person is only answerable to the owner for the use of the property; and
• control is where a person is but accountable to 2 people for the use of the holding.

And then if A buys a car for cash, A will be the owner. If A then lends the automobile to B Ltd (a visitor), B Ltd will have possession. C, an employee of B Ltd then uses the car and has control. If C uses the automobile in an unauthorized way, C will steal the car from A and B Ltd. This ways that it is possible to steal one's ain property.

In R v Turner,^[47] the owner removed his machine from the forecourt of a garage where it had been left for drove after repair. He intended to avoid paying the neb. In that location was an cribbing of the automobile because information technology had been physically removed but at that place were ii issues to exist decided:

• did the car "vest to another"? The garage had a lien i.east. a "proprietary right or interest" in the machine equally security for the unpaid bill and this gave the garage a better right than the owner to possess the car at the relevant fourth dimension.
• what was the relevance of Turner'southward belief that he could not steal his own holding? The defence of mistake of law only applies if the defendant honestly believes that he has a correct in law to act in the given way. Generalized and not-specific beliefs about what the law might permit are not a defense.

With the intention of permanently depriving the other of it [edit]

Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is afterward returned. ^[48]

Alternative verdict

The offense created past section 12(1) of the Theft Act 1968 (TWOC) is bachelor an alternative verdict on an indictment for theft.^[49]

Visiting forces

Theft is an offence against holding for the purposes of section three of the Visiting Forces Act 1952.^[fifty]

Mode of trial and sentence

Theft is triable either way.^[51] A person guilty of theft is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,^[52] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine non exceeding the prescribed sum, or to both.^[53]

Aggravated theft

The just offence of aggravated theft is robbery, contrary to department 8 of the Theft Act 1968.^[54]

Stolen goods

For the purposes of the provisions of the Theft Act 1968 which relate to stolen goods, appurtenances obtain in England or Wales or elsewhere by blackmail or fraud are regarded every bit stolen, and the words "steal", "theft" and "thief" are construed appropriately.^[55]

Sections 22 to 24 and 26 to 28 of the Theft Human activity 1968 comprise references to stolen appurtenances.

Handling stolen goods

The offence of handling stolen goods, contrary to section 22(ane) of the Theft Act 1968, can just be committed "otherwise than in the form of stealing".^[56]

Like or associated offences

According to its title, the Theft Deed 1968 revises the law every bit to theft and similar or associated offences. Run into also the Theft Human activity 1978.

Northern Ireland [edit]

In Northern Ireland, theft is a statutory offence, created past section one of the Theft Human activity (Northern Republic of ireland) 1969.^[57]

United States [edit]

Bicycles tin occasionally be stolen, fifty-fifty when locked up, by removing the wheel or cut the lock that holds them.

In the United States, crimes must be prosecuted in the jurisdiction in which they occurred.^[58] Although federal and land jurisdiction may overlap, fifty-fifty when a criminal act violates both land and federal law, in most cases only the most serious offenses are prosecuted at the federal level.^[59]

The federal government has criminalized certain narrow categories of theft that directly affect federal agencies or interstate commerce.^[lx] The Model Penal Lawmaking, promulgated by the American Law Institute to help country legislatures update and standardize their laws,^[61] includes categories of theft by unlawful taking or by unlawfully disposing of holding, theft by deception (fraud), theft by extortion, theft past failure to take measures to return lost or mislaid or mistakenly delivered property, theft by receipt of stolen property, theft past declining to brand agreed disposition of received funds, and theft of services.^[62]

Although many U.S. states have retained larceny as the principal crime,^[63] some have at present adopted theft provisions.

Chiliad theft , also called chiliad larceny, is a term used throughout the The states designating theft that is large in magnitude or serious in potential penological consequences. Grand theft is contrasted with petty theft , too called petit theft , that is of smaller magnitude or bottom seriousness.

Theft laws, including the stardom between m theft and petty theft for cases falling within its jurisdiction, vary by state. This distinction is established by statute, every bit are the penological consequences.^[64] Most usually, statutes establishing the distinction between one thousand theft and petty theft do and then on the basis of the value of the money or property taken past the thief or lost past the victim,^[65] with the dollar threshold for thou theft varying from state to state. Almost usually, the penological consequences of the distinction include the significant ane that 1000 theft can be treated every bit 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 than information).

Echo offenders who continue to steal may become field of study to life imprisonment in certain states.^[66]

Sometimes the federal anti-theft-of-government-belongings law 18 U.S.C. § 640 is used to prosecute cases where the Espionage Act would otherwise exist involved; the theory beingness that past retaining sensitive information, the defendant has taken a 'thing of value' from the government. For examples, see the Amerasia case and United states five. Manning.

Alabama [edit]

When stolen belongings exceeds the amount of $500 it is a felony criminal offense.^[67] If property is less than $500, then it is a Class A misdemeanor.^[68] Unlike some other states, shoplifting is not defined by a separate statute but falls under the land'south full general theft statute.^[69]

Alaska [edit]

The Alaska State Lawmaking does not apply the terms grand theft or 1000 larceny. However, it specifies that theft of property valued at more than $1,000 is a felony whereas thefts of bottom 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 shipping safety or survival equipment; and of admission devices.^[70]

Arizona [edit]

Felony theft is committed when the value of the stolen property exceeds $grand. Regardless of the value of the item, if it is a firearm or an fauna taken for the purpose of animate being fighting, then the theft is a Grade 6 Felony.^[71]

California [edit]

The Theft Act of 1927 consolidated a variety of common constabulary crimes into theft. The state now distinguishes between two types of theft, 1000 theft and trivial theft.^[72] The older crimes of embezzlement, larceny, and stealing, and any preexisting references to them now autumn under the theft statute.^[73]

At that place are a number of criminal statutes in the California Penal Lawmaking defining yard theft in different amounts. Thou theft generally consists of the theft of something of value over $950 (including money, labor or property simply is lower with respect to diverse specified belongings),^[74] Theft is also considered m theft when more than 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 machine, farm creature, or firearm.^[75]

Petty theft is the default category for all other thefts.^[76]

Thou theft is punishable past up to a year in jail or prison, and may be charged (depending upon the circumstances) as a misdemeanor or felony,^[77] while petty theft is a misdemeanor punishable past a fine or imprisonment non exceeding vi months in jail or both.^[78]

Florida [edit]

In general, any property taken that carries a value of more than than $750 tin be considered grand theft in certain circumstances.^[79]

Georgia [edit]

In Georgia, when a theft offense involves property valued at $500 or less, the crime is punishable every bit a misdemeanor. Any theft of property determined to be exceeding $500 may be treated every bit thousand theft and charged as a felony.^[80]

Hawaii [edit]

Theft in the first or second degree is a felony. Theft in the get-go degree means theft higher up $20,000 or of a firearm or explosive; or theft over $300 during a declared emergency.^[81] Theft in the 2d caste ways theft above $750, theft from the person of some other, or agricultural products over $100 or aquacultural products from an enclosed holding.^[82]

Illinois [edit]

Theft is a felony if the value of the property exceeds $300 or the property is stolen from the person of another. Thresholds at $ten,000, $100,000, and $500,000 make up one's mind how severe the punishment tin be. The location from which property was stolen is also a factor in sentencing.^[83]

Kentucky [edit]

KRS 514.030 states that theft by unlawful taking or disposition is by and large a Grade A misdemeanor unless the items stolen are a firearm, anhydrous ammonia, a controlled substance valued at less than $10,000 or whatsoever other item or combination of items valued $500 or higher and less than $10,000 in which instance the theft is a Class D felony. Theft of items valued at $ten,000 or higher and less than $i,000,000 is a Class C felony. Theft of items valued at $ane,000,000 or more is a Form B felony, every bit is first offense theft of anhydrous ammonia for the limited purpose of manufacturing methamphetamines in violation of KRS 218A.1432. In the latter case, subsequent offenses are a Class A felony.^[84]

Massachusetts [edit]

In Massachusetts, theft may generally exist charged as a felony if the value of stolen property is greater than $250.^[85]

Missouri [edit]

Stealing is a felony if the value of stolen property exceeds $500. Information technology is also a felony if "The actor physically takes the property appropriated from the person of the victim" or the stolen holding is a vehicle, legal document, credit card, firearm, explosive, U.S. flag on display, livestock animal, fish with value exceeding $75, captive wild fauna, controlled substance, or anhydrous ammonia.^[86] Stealing in excess of $25,000 is usually a form B felony (sentence: five–15 years),^[87] while any other felony stealing (non 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 one year).

New York [edit]

Chiliad larceny consists of stealing holding with a value exceeding $1000; or stealing a public record, hush-hush scientific material, firearm, credit or debit card, ammonia, phone with service, or motor vehicle or religious particular with value exceeding $100; or stealing from the person of another or by extortion or from an ATM. The caste 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.^[88]

Vermont [edit]

Grand Larceny: Value of goods exceed $900 (thirteen Five.Southward.A. § 2501)

Virginia [edit]

1000 Larceny: Value of goods exceed $1000 (Virginia Code § xviii.2-95)

Washington State [edit]

Theft of goods valued between $750 and $5000 is second-caste theft, a Form C felony.^[89] Theft of goods valued in a higher place $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 admission device, is a Class B felony,^[90] as is theft of a motor vehicle ^[91] or a firearm.^[92]

Due west Indies [edit]

In the British West Indies, especially Grenada, there take been a spate of large-scale thefts of tons of sand from beaches.^[93] Both Grenada and Jamaica are because increasing fines and jail fourth dimension for the thefts.^[93]

Religious views and practices [edit]

Islam [edit]

In parts of the world which govern with sharia police, the punishment for theft is amputation of the right hand if the thief does not repent. This ruling is derived from sura 5 poetry 38 of the Quran which states Every bit to the thief, Male or female, cut off his or her easily: a punishment by way of example, from Allah, for their offense: and Allah is Exalted in power. This is viewed equally being a deterrent.^{[94] [95]}

Buddhism [edit]

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 deed 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 besides included in this precept.^{[96] [97]} Professions that are seen to violate the axiom against theft are working in the gambling manufacture or marketing products that are not actually required for the customer.^[98]

Psychology [edit]

Possible causes for acts of theft include both economic and non-economic motivations. For instance, an act of theft may be a response to the offender'south feelings of anger, grief, depression, anxiety and coercion, boredom, power and command bug, low self-esteem, a sense of entitlement, an endeavor to accommodate or fit in with a peer group, or rebellion.^[99] Theft from work may be attributed to factors that include greed, perceptions of economic need, support of a drug habit, a response to or revenge for work-related bug, rationalization that the act is not really ane of stealing, response to opportunistic temptation, or the same emotional issues that may exist involved in any other human action of theft.^{[99] : 438}

The most mutual reasons for shoplifting include participation in an organized shoplifting ring, opportunistic theft, compulsive acts of theft, thrill-seeking, and theft due to need.^[100] 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 economical reasons, every bit well equally self-indulgence and rebellion against parents.^[101]

Encounter also [edit]

• Anti-theft system
• Nugget management (corporate theft prevention)
• Confidence trick
• Credit carte fraud
• Dishonesty
• Fence (criminal)
• Forcefulness-initiation
• Fraud
• Gentleman thief
• Larceny
• Money laundering
• Organized offense
• Pickpocketing
• Package pilferage
• Plagiarism
• Property is theft!
• Secret turn a profit
• Skimming (casinos)
• Taxation equally theft
• Theft Act
• Usufruct
• White-collar crime

Specific forms of theft and other related offences

• Art theft
• Attention theft
• Bank robbery
• Bandwidth theft
• Bloody Code
• Brandjacking
• Carjacking
• Computer crime
• Confidence trick
• Economic Espionage Act of 1996
• Embezzlement
• Espionage
• Extortion
• Identity theft
• Kidnapping
• Laptop theft
• Metal theft
• Motor vehicle theft
• Organized retail criminal offense
• Parcel pilferage
• Phishing
• Piracy
• Plagiarism
• Quackery
• Receipt of stolen holding
• Ripoff
• Sperm theft
• Street sign theft
• Tax evasion
• Theft of services
• Theft by finding
• Electricity theft

Notes [edit]

1. ^ ^{a b} "Theft". Merriam-Webster. Merriam-Webster, Inc. Retrieved viii November 2021.
2. ^ ^{a b} Lehman, Jeffrey; Phelps, Shirelle (2005). W'due south Encyclopedia of American Law Vol. 10 (2 ed.). Detroit: Thomson/Gale.
3. ^ Greenish, Stuart P.; Kugler, Matthew B. (22 July 2010). "Community Perceptions of Theft Seriousness: A Claiming to Model Penal Code and English Theft Act Consolidation: Community Perceptions of Theft Seriousness". Journal of Empirical Legal Studies. vii (3): 511–537. doi:10.1111/j.1740-1461.2010.01187.ten. S2CID 154850697.
4. ^ Bagby, Glen S. (1969). "Theft in Kentucyy". Kentucky Police Journal. 57 (3): 539.
5. ^ Witus, Morley (2010). "The Paradox of Insurance Coverage for Vandalism but Not Theft". Wayne Law Periodical. 56: 1757.
6. ^ Stewart, William J. (2001). Collins Dictionary of Constabulary (2 ed.). Glasgow [Scotland]: Collins. p. 377. ISBN9780007221653.
7. ^ "Thief". Merriam-Webster. Merriam-Webster, Inc. Retrieved eight November 2021.
8. ^ ^{a b} "Cap. 210 THEFT ORDINANCE". legislation.gov.hk.
9. ^ "Department iv, Criminal Justice (Theft and Fraud Offences) Act, 2001". Irish Statute Volume.
10. ^ ^{a b} Criminal Police force Consolidation Deed 1935 (SA) south 134 Theft (and receiving).
11. ^ Crimes Act 1958 (Vic) s 74 Theft.
12. ^ "Theft | dataUNODC".
13. ^ "Legislative Council, Th 26 July 2001" (PDF). Parliament South Commonwealth of australia. Government of South Commonwealth of australia. 26 July 2001. p. 2090. Retrieved viii August 2020.
14. ^ Crimes Act 1958 (Vic) due south 72 Basic definition of theft.
15. ^ ^{a b c} Crimes Act 1958 (Vic) southward 73 Further explanation of theft.
16. ^ Stein v Henshall [1976] VicRp 62, [1976] VR 612, Supreme Courtroom (Vic, Australia).
17. ^ Baruday v R [1984] VicRp 59, [1984] A Crim R 190612, Supreme Court (Full Court) (Vic, Australia).
18. ^ Crimes Act 1958 (Vic) due south 71 Definitions.
19. ^ Oxford v Moss [1979] Crim LR 119, Divisional Court, Queens Bench Division (UK).
20. ^ Criminal Constabulary Consolidation Act 1935 (SA) s 131 Dishonesty.
21. ^ Criminal Lawmaking, RSC 1985, c c-45, s 322.
22. ^ ^{a b} R. v. Stewart, [1988] 1 Southward.C.R. 963. Full text of Supreme Court of Canada decision at LexUM
23. ^ "Security of Information Act, R.S.C., 1985, c. O-v, southward.19". 12 July 2019.
24. ^ "Definition of theft - Department 378 in Republic of india penal code". Bharat code - a repository of land and central acts. Ministry of police and justice. Retrieved 23 March 2020.
25. ^ "Penalization for theft - Section 379 in India penal lawmaking". India code - a repository of country and central acts. Ministry of police force and justice. Retrieved 23 March 2020.
26. ^ "Theft in dwelling,house etc - Department 380 in India penal code". Bharat code - a repository of country and cardinal acts. Ministry building of law and justice. Retrieved 23 March 2020.
27. ^ "India Code: Section Details".
28. ^ "Theft after preparation made for causing death, hurt or restraint in gild to the committing of the theft - Department 382 in Bharat penal code". Bharat code - a repository of state and central acts. Ministry of police and justice. Retrieved 23 March 2020.
29. ^ ^{a b c} € nineteen,500
30. ^ "wetten.nl – Moisture- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl.
31. ^ ^{a b c} € 78,000
32. ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl.
33. ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl.
34. ^ € 3,900
35. ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl.
36. ^ "wetten.nl – Moisture- en regelgeving – Wetboek van Strafrecht – BWBR0001854". overheid.nl.
37. ^ department 4(1) of the Criminal Justice (Theft and Fraud Offences) Human activity, 2001.
38. ^ "Penal Lawmaking of Romania, art. 208". Retrieved January 29, 2013.
39. ^ "Penal Lawmaking of Romania, art. 209". Retrieved Jan 29, 2013.
40. ^ Griew, Edward. The Theft Acts 1968 and 1978. Sugariness and Maxwell. Fifth Edition. 1986. Paragraph 2-01 at page 12.
41. ^ The Theft Human activity 1968, section 1(iii)
42. ^ Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. 5th Edition. 1986. Paragraph 2-03 at page xiii.
43. ^ Oxford 5 Moss (1979) 68 Cr App Rep 183, [1979] Crim LR 119, DC
44. ^ R v Absolom, The Times, 14 September 1983
45. ^ Attorney General of Hong Kong 5 Nai-Keung [1987] 1 WLR 1339, PC
46. ^ Low five Blease (1975) 119 SJ 695, [1975] Crim LR 513, DC
47. ^ R five Turner (No 2) [1971] i WLR 901, [1971] 2 All ER 441, [1971] RTR 396, sub nom R v Turner, 115 SJ 405, sub nom R v Turner (Frank Richard) 55 Cr App R 336, CA
48. ^ "Theft Act 1968, 1968 Affiliate threescore". United kingdom Legislation. Jul 31, 2010. Retrieved 7 April 2020. ...a borrowing or lending of information technology may corporeality to and so treating it if, only only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
49. ^ The Theft Human action 1968, section 12(four)
50. ^ The Visiting Forces Act 1952, section 3(6) and Schedule, paragraph three(g) (every bit inserted by the Theft Act 1968, Schedule 2, Office Three)
51. ^ The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28
52. ^ The Theft Deed 1968, section vii
53. ^ The Magistrates' Courts Act 1980, section 32(ane)
54. ^ Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 3-01 at page 79.
55. ^ The Theft Act 1968, section 24(four) as amended by the Fraud Act 2006
56. ^ The Theft Act 1968, department 22(1)
57. ^ section 1 of the Theft Act (Northern Ireland) 1969.
58. ^ Levitt, Albert (1926). "Jurisdiction over Crimes". Periodical of Criminal Police and Criminology. 16 (3): 320. Retrieved iii July 2019.
59. ^ "Guide to Criminal Prosecutions in the Us". Informational Exchange Network for Mutual Assistance in Criminal Matters and Extradition. Organization of American States. Retrieved iii July 2019.
60. ^ Encounter, e.chiliad., "Justice Manual, Sec. ix-61.000 - Crimes Involving Property". United states Section of Justice. nineteen February 2015. Retrieved 3 July 2019.
61. ^ "Model Penal Lawmaking". American Law Plant . Retrieved 8 Nov 2021.
62. ^ Kaplan, John (2012). Criminal police: cases and materials (7th ed.). New York: Wolters Kluwer Police & Business concern/Aspen Publishers. pp. 1090–iii. ISBN978-1-4548-0698-one.
63. ^ Run into, east.thou., Northward.Y. Penal police force sections 155.00-155.45, plant at NY Associates official web site. Accessed March 17, 2008.
64. ^ 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.
65. ^ Larson, Aaron (iv June 2016). "Petty Larceny and Grand Larceny Laws". ExpertLaw . Retrieved 25 October 2017.
66. ^ See Rummel v. Estelle, 445 U.S. 263 (1980) (upholding life judgement for fraudulent apply of a credit card to obtain $80 worth of goods or services, passing a forged cheque 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 fifty years to life for stealing videotapes on two occasions).
67. ^ "» Alabama Code 13A-8-4.1. Theft of holding in the third degreeLawServer". www.lawserver.com . Retrieved 2017-12-fourteen .
68. ^ "» Alabama Code 13A-8-v. Theft of belongings in the quaternary degreeLawServer". www.lawserver.com . Retrieved 2017-12-14 .
69. ^ "Busted: What Happens When Shoplifters". Talk of the Nation. NHPR. 15 Nov 2012. Retrieved 14 December 2017.
70. ^ "Alaska Statutes, Sec. 11.46.130". Alaska State Legislature . Retrieved 25 October 2017.
71. ^ "Arizona Revised Statutes, Sec. 13-1802. Theft; nomenclature; definitions". Arizona State Legislature . Retrieved 25 October 2017.
72. ^ 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
73. ^ California Penal Lawmaking Section 490a.
74. ^ California Penal Code Section 487.
75. ^ "California Penal Lawmaking, Sec. 487". California legislative Information. California State Legislature. Retrieved 25 October 2017.
76. ^ California Penal Code Department 488.
77. ^ California Penal Code Department 489.
78. ^ California Penal Lawmaking Section 490.
79. ^ "Florida Statutes, Sec. 812.014, Theft". Online Sunshine. Florida Legislature. Retrieved 25 October 2017.
80. ^ "O.C.G.A. 16-viii-12, Penalties for violation of Lawmaking Sections 16-8-ii through 16-8-9". Justia . Retrieved 25 October 2017.
81. ^ "Hawaiii Revised Statutes, Sec. 708-830.five Theft in the first degree". Hawaii Land Legislature. Retrieved 25 October 2017.
82. ^ "Hawaiii Revised Statutes, Sec. 708-831 Theft in the second degree". Hawaii State Legislature. Retrieved 25 October 2017.
83. ^ "720 ILCS 5/16-1, Theft". Illinois Compiled Statutes. Illinois General Assembly. Retrieved 25 Oct 2017.
84. ^ "Kentucky Revised Statutes, Sec. 514.030 Theft past unlawful taking or disposition -- Penalties". Kentucky Legislative Research Committee. Kentucky Legislature. Retrieved 25 October 2017.
85. ^ "Crimes & Punishments, Crimes against Holding, Chapter 266: Section thirty Larceny; Full general Provisions and Penalties". Massachusetts Full general Laws. Republic of Massachusetts. Retrieved 25 October 2017.
86. ^ "RSMO Sec. 570.030. Stealing — penalties". Revised Statutes of Missouri. Revisor of Statutes, State of Missouri. Retrieved 25 Oct 2017.
87. ^ "RSMO Sec. 558.011. Sentence of imprisonment, terms — conditional release". Revised Statutes of Missouri. Revisor of Statutes, State of Missouri. Retrieved 25 Oct 2017.
88. ^ "Article 155 - New York Land Penal Police Code - Larceny". Ypdcrime.com. 2014-01-20. Retrieved 2014-02-15 .
89. ^ "RCW 9A.56.040".
90. ^ "RCW 9A.56.030".
91. ^ "RCW 9A.56.065".
92. ^ "RCW 9A.56.300".
93. ^ ^{a b} AP, "Sand stolen across Caribbean for construction: 'We will lose our beaches' unless offense is taken seriously, one official says", found at NBC News article. Accessed October 27, 2008.
94. ^ "Center for Muslim-Jewish Engagement". usc.edu. Archived from the original on 2015-05-09.
95. ^ Gimmicky Interpretation of Islamic Law – Page 85, Hassan Affi – 2014
96. ^ Leaman, Oliver (2000). Eastern Philosophy: Key Readings (PDF). Routledge. p. 139. ISBN0-415-17357-four. Archived (PDF) from the original on 8 August 2017.
97. ^ Harvey, Peter (2000). An Introduction to Buddhist Ideals: Foundations, Values and Problems (PDF). Cambridge Academy Press. p. 70. ISBN978-0-511-07584-ane.
98. ^ Johansen, Barry-Craig P.; Gopalakrishna, D. (21 July 2016). "A Buddhist View of Adult Learning in the Workplace". Advances in Developing Homo Resources. 8 (three): 342. doi:10.1177/1523422306288426. S2CID 145131162.
99. ^ ^{a b} Cooper, Cary L. (2012). Risky Business organisation: Psychological, Physical and Financial Costs of High Take a chance. Gower Publishing, Ltd. p. 442. ISBN978-1409460183 . Retrieved 17 Feb 2019.
100. ^ Sali, P.S.; Julka, Tapasya; Sharma, Asha (December 2012). "Shoplifting: Leading to High Shrinkage in Retail Industry". Zenith International Journal of Multidisciplinary Research. two (12): 188. ISSN 2231-5780. Retrieved 17 February 2019.
101. ^ Prayag, G.; Juwaheer, T.D. (2 Feb 2019). "Exploring Teenagers Shoplifting Motivations and Perceptions of Deterrence Measures – A Case Study of Mauritius". Academy of Mauritius Research Journal. 15: 47. Retrieved 17 February 2019.

References [edit]

• Allen, Michael. Textbook on Criminal Law. Oxford University Press, Oxford. (2005) ISBN 0-xix-927918-7.
• Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
• Green, Stuart P. Xiii Means to Steal a Wheel: 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-ane
• 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-seven.

External links [edit]

Wikivoyage has travel data for theft .

rodrigueztherstre.blogspot.com

Source: https://en.wikipedia.org/wiki/Theft

Share this post