Theft

Everyday instance of theft: the bike which fits on this wheel has disappeared.

In the criminal law, theft (also known as stealing) is the illegal taking of another person'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, mugging, 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.

Someone who carries out an act of or makes a career of theft is known as a "thief", or alternatively a robber.

Terminology

Theft originates with the Lithuanian "tupeti" meaning to crouch down. The word "rob" came via French from Late Latin words (e.g. deraubare) of Germanic origin, from Common Germanic raub- = "clothes," as in old times (before modern cheap mechanized mass production of clothes) one main target of robbers was often the victim's clothes.

Types

File:Lampiao.jpg

Lampião, the most famous bandit (turned into popular myth) of Brazilian Cangaço

Theft can take many forms including burglary, larceny, mugging, and robbery. These differ in terms of force and tactics used to appropriate another person's possessions.

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.

Burglary

Burglars Tools Found in the Bank, printed in 1875 in the Canadian Illustrated News

Burglary is a crime related to theft or another crime. It typically involves breaking into a house, outbuilding (such as a shed, stable, or garage), business, school, place of worship, boat, aircraft, rail car, or motor vehicle with an intent to commit a theft or felony. To carry out a burglary is to burgle (British English, a word coined by J.R.R. Tolkien in his 1937 novel The Hobbit as a back-formation of the word burglar, which was then adopted in popular speech) or burglarize (American English). For a summary of the history of this offense, see burglary (history).

It excludes lawful break-ins of property, such as those necessary for rescue of persons or animals, extinguish a fire, lawful searches and seizures by police, confiscation of visible contraband, effecting a lawful arrest, or eviction of a tenant who has failed to meet obligations. It also presumes that the break-in is contrary to the desire of the property owner; a locksmith who picks or destroys a lock to allow entry of the rightful owner or tenant is not a burglar. Furthermore, in the case of a life-threatening situation (such as a storm or fire), someone who takes shelter in another's property is not a burglar.

More precisely, at common law, burglary was the entering of the dwelling house of another in the night time to commit theft. This definition has been greatly expanded in most jurisdictions, so that it no longer need be in the night time and the intent to commit any felony can suffice.

Larceny

Larceny is the wrongful taking of another's goods with the intent of keeping them.

Larceny under common law is never applied to real property (land), or services. However, in the U.S., the Model Penal Code (MPC) states that services can be the subject of theft. Wild animals (ferae naturae) are deemed to not be the property of the owner of whatever land they are found on, so takings of wild animals are also not subject to larceny.

One can only "steal" one's own property when another has a better right to possession at the relevant time. Larceny is a crime of possession, not ownership. Thus, if a vehicle is under the possession of a mechanic, and the owner takes the vehicle, he could be guilty of larceny.

The intent required is that one intended to deprive the possessor of the property "permanently." Courts have held that "permanence" is not simply keeping forever; it can include the intent to deprive the possessor of economic significance, even if there are plans to return the property later. Although the mens rea of larceny is the intent to steal, the focus is on the loss to the possessor, not the gain to the defendant. Thus, even if the thief did not gain in the taking, it could still be classed as larceny if the possessor lost in the process. Further, the mens rea and actus reus must coincide. If one rents a car with intent to return, then decides to keep it, then there is no larceny (see embezzlement).

• Larceny by Trick or Deception occurs when the victim of larceny is tricked by a misrepresentation of fact into giving up possession of property. This should not be confused with false pretenses, where the victim is tricked into giving up title to the property. However in New York State this class of larceny is broken down in statutes into two types.

• Grand larceny is typically defined as larceny of a significant amount of property, in some cases, it can be less. In the U.S., it is often defined as an amount valued at $200 or more. In New York, Grand Larceny refers to amounts of $1000 or more. Grand larceny is often classified as a felony with the concomitant possibility of a harsher sentence. Sometimes, the crime can be considered serious even for trivial theft. For example, in Virginia, petit larceny (a misdemeanor) occurs when the amount stolen is less than $5.00, if taken from the person (e.g. pickpocketing or robbery), or less than $200 if not taken from the person (e.g., stealing someone's property) . Grand Larceny (a felony) occurs for a theft of only $5.00 or more from a person, or more than $200 if not taken from the person.The same penalty applies for stealing checks as for cash or other valuables.

Mugging

Mugging is a type of theft, in which the perpetrator (the mugger) accosts the victim in a public place, such as a sidewalk, street or parking lot, and demands money and/or valuables through the use of force or fear. The thief will typically threaten to use a weapon such as a gun or knife.

The term 'mugging' gained its current popularity in the United States, with New York infamously described in the 1970s as 'the mugging capital of America'. However, the crime is as old as history and among other things has been known as highway robbery, purse-snatching, or footpadding (which could be surreptitious or violent). In Victorian times the targets were wallets and gold watches, but in the US there was a big increase in reported street robberies and handbag snatches from the 1960s onwards as new consumer items became popular. In England the fashion for mugging either arose or gained popularity through many social factors in the late seventies and eighties, and became a cultural phenomenon among some urban youths. In some cultures, there was perceived to be a growing tendency for young males to steal from other young males. The principal targets became valuable and popular accessories like portable audio devices, cameras, laptop computers, mobile phones, and other items that can be quickly and easily resold. Excitement, status, and gang initiation are undoubtedly important motives too. In larger United States cities and in the United Kingdom, the news media report and cover muggings as a crime trend, and some observers blamed the news media for a moral panic in England from the early 1970s at a time when “newspaper reporting of mugging(s) emerged and became increasingly sensational” Nonetheless, as recorded crime statistics, insurance claims, and national crime surveys all show, street robberies remained a growing problem until they peaked at about the turn of the millennium.

Such robberies can involve the threat and/or use of weapons and/or violence. Most mugging victims are uninjured or suffer minor injuries.

Robbery

Ronin robbing a merchant's house in Japan around 1860 (1)

Robbery is the crime of seizing property through violence or intimidation. More precisely, at common law, robbery was defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. It should be noted, in common with most legal terms, the precise definition of robbery varies between jurisdictions. Robbery is also when there is forced intimidation placed upon the victim/victims.

Common issues in differentiating robbery from simple theft is the degree of force required and when the force is applied. For example, in a purse snatch the thief takes a purse off his victim shoulder. The victim might not have noticed. The question as to whether this is an example of robbery or theft is not clear. What if, in pulling the purse the victim is pulled to the ground, but still does not have time to offer resistance? Or if the purse strap is cut by the thief with a knife? The answers to these questions will vary from jurisdiction to jurisdiction.

The element of force differentiates robbery from embezzlement, larceny, and other types of theft. Piracy (robbery at sea) is a type of robbery. Armed robbery involves the use of a weapon. Aggravated robbery involves the use of a deadly weapon or something that appears to be a deadly weapon. Highway robbery or "Mugging" takes place outside and in a public place such as a sidewalk, street, or parking lot. Carjacking is the act of stealing a car from a victim by force.

Informally, robbery may be used to denote other kinds of theft that are not robbery, such as burglary. People returning home and finding their possessions stolen may well exclaim, "We've been robbed!," though actually they've been burgled.

Penalties

Repeat offenders who continue to steal may become subject to life imprisonment in certain states.

Penalties for theft vary on the total worth of the goods stolen and on the force used to take said goods.

In many of the United States muggings or street robberies are prosecuted as felonies with penalties of victim restitution and incarceration, with lifetime incarceration, without parole, for the third felony conviction pursuant to the three strikes laws.

References

ISBN links support NWE through referral fees

• Doherty, Paul. The Great Crown Jewels Robbery of 1303: The Extraordinary Story of the First Big Bank Raid in History , Carroll & Graf (2005). ISBN 0786716649
• Justinian. The Digest of Roman Law: Theft, Rapine, Damage, and Insult, Penguin Classics (1979). ISBN 0140443436
• Newton, Michael. The Encyclopedia of Robberies, Heists, and Capers, Checkmark Books (2002). ISBN 0816044899
• Swierczynski, Duane. This Here's a Stick-Up: The Big Bad Book of American Bank Robbery, Alpha (2002). ISBN 0028643445

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