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Stealing is a form of theft, which is defined as the unlawful taking of another person's property or services without their permission or consent, with the intention of permanently depriving the owner of it. Theft is a criminal activity and is considered a statutory offence in several jurisdictions, including California, Canada, England and Wales, Hong Kong, and others. The punishment for theft varies depending on the jurisdiction and the value of the stolen property, ranging from fines and imprisonment to more severe consequences such as amputation in regions governed by Sharia law. In some jurisdictions, theft is categorised as either petty or grand larceny, depending on the value of the stolen goods, with grand larceny being treated as a more serious offence.
Characteristics | Values |
---|---|
Definition | The unlawful taking of the property of another person or entity |
Synonyms | Larceny, robbery, embezzlement, extortion, blackmail, receiving stolen property |
Actus reus | Unauthorised taking, keeping, or using of another's property |
Mens rea | Dishonesty and the intent to permanently deprive the owner or rightful possessor of that property or its use |
Theft law | Deals with a variety of crimes in which the defendant takes money, assets, services, or other property |
Theft statutes | Refer to the value of the property taken by the defendant, with penalties escalating on this basis |
Categories | Petty or petite larceny, grand larceny |
Valuation issues | Theft statutes will indicate what the minimum value of the stolen property must be in order for the defendant to be convicted under that specific law |
Deferral programs | Qualifying defendants in many jurisdictions can request to take part in a deferral program |
Theft in Pennsylvania | No distinction between theft and stealing; main types of stealing-related offenses include theft, burglary, and robbery |
Theft in Texas | Includes theft of service, theft of trade secrets, theft by check or similar sight order, unauthorized use of a vehicle, theft of multichannel video or information services, and more |
What You'll Learn
Theft by deception
Theft is the act of unlawfully taking another person's property or services without their permission or consent, with the intention of permanently depriving the owner of it. Theft is a broad term, and there are many different levels of theft, as well as distinct crimes that carry a wide range of penalties. Theft may be classified as a felony or a misdemeanour, depending on the circumstances and the jurisdiction.
Some common examples of theft by deception include:
- Charity scams, where someone pretends to collect money for a legitimate charity but keeps the donations for themselves.
- Online shopping scams, where a seller misleads a buyer about the features or existence of an item.
- Phishing scams, where potential criminals send messages via email, text, or phone pretending to be from a legitimate company to gain confidential information.
- Fraudulent contracts or promises that the scammer has no intention of fulfilling.
- Dine-and-dash, where a person eats at a restaurant and gives the impression that they intend to pay but then leaves without doing so.
The penalties for theft by deception vary depending on the jurisdiction and the value of the stolen property. In many places, theft involving high-value items can lead to felony charges, fines, or jail time, while cases involving low-value property may result in misdemeanour charges.
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Theft by force or threat of force
Theft is the act of taking another person's property or services without their permission or consent with the intent to deprive the rightful owner of it. This includes stealing physical objects, money, or data, as well as theft of services such as electricity or cable. Theft is a broad term, and in some jurisdictions, it is considered synonymous with larceny, while others define it more narrowly.
Robbery, or theft by force, is defined by common law as taking the property of another with the intent to permanently deprive them of it by means of force or fear. This means that the thief uses violence or the threat of violence to steal. Robbery often involves the use of a weapon, which can elevate the crime to aggravated robbery. Additionally, robbery can occur outside or in public places such as sidewalks, streets, or parking lots, and it can also include carjacking, which is the act of stealing a car from its owner by force.
The punishment for robbery varies depending on the jurisdiction. For example, in Canada, robbery is an indictable offence with a maximum penalty of life imprisonment. In the United States, robbery is generally treated as an aggravated form of common-law larceny, and specific elements and definitions can differ from state to state. However, the common elements of robbery include a trespassory taking of personal property from the person or presence of the victim by force or threat of force.
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Theft of trade secrets
Theft is the act of taking another person's property or services without their permission or consent with the intent to deprive the rightful owner of it. Theft is a broad term that can cover different types of criminal offenses. In the United States, theft of trade secrets is a federal offense that falls under economic espionage.
Trade secrets constitute some of the most valuable intellectual property owned by companies and individuals. They are defined as any form or type of financial, business, scientific, economic, or engineering information, including patterns, plans, formulae, designs, prototypes, techniques, processes, and copyrights, among others. For information to qualify as a trade secret, the owner must have taken reasonable steps to keep it secret, and the information must have independent economic value due to its secrecy.
To prosecute someone for theft of trade secrets, the government must prove six elements:
- The defendant must have stolen or otherwise obtained the item without authorization.
- The defendant knew that the information was proprietary.
- The information must have been a trade secret as defined by the law.
- The defendant intended to exploit the stolen trade secret for the benefit of someone other than the original owner.
- The defendant knew or intended that the original owner would suffer economic harm.
- The trade secret was related to a product placed in interstate or international commerce.
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Theft of services
The consequences of a conviction for theft of services can be significant, including imprisonment and orders to remunerate the affected parties.
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Theft of cargo
Theft is the act of taking another person's property or services without their permission or consent, with the intention of depriving the owner of it. It is a criminal activity in many parts of the world and is considered a statutory offence in places like California, Canada, England, Wales, Hong Kong, Northern Ireland, and some Australian states.
Cargo theft is a specific type of theft that involves the criminal taking of commercial freight shipments. This can include goods, chattel, money, or baggage that are part of a commercial shipment, transported via pipeline systems, railroad cars, motor trucks, aircraft, or other vehicles. It can also involve theft from storage facilities, stations, depots, wharves, airports, warehouses, or freight distribution facilities.
There are several tactics used in cargo theft, including:
- Straight cargo theft: This involves the physical theft of cargo from its current location, often targeting items that can be quickly sold on the black market.
- Strategic cargo theft: This type of theft uses deceptive tactics, such as fraud, to trick shippers, brokers, and carriers into handing over loads to thieves.
- Cyber cargo theft: Cargo thieves use basic cyberattacks, such as phishing emails with Trojan Horse malware, to gain access to sensitive company data and shipping information.
- Pilferage cargo theft: Criminals alter the bill of lading and steal small amounts from trucks.
To prevent cargo theft, businesses are advised to take a layered approach to security, including the use of policies, procedures, high-security locks, and cyber security measures. Regular training and awareness events for employees can also help to recognise and prevent cargo theft attempts.
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