In common use, theft is the acquisition of another person's property or service without the person's consent or consent with the intent to revoke its rightful owner. It is also used as an informal short term for some property crimes, such as robbery, embezzlement, theft, looting, robbery, shoplifting, library theft, and fraud (that is, getting money under false pretenses). In some jurisdictions, theft is considered identical to theft; on the other, theft has replaced the theft. Someone who commits an act or makes a career theft is known as a thief . The act of theft is also known by other terms like stealing , thieves , and filing .
Theft is the name of lawlessness in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the states of South Australia Australia, and Victoria.
Video Theft
Element
The actus reus theft is usually defined as unauthorized retrieval, safeguarding, or using someone else's property which must be accompanied by mens rea dishonesty and intent to permanently revoke the owner or person with the legal ownership of the property or its use.
For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of his own, he has physically removed Y from the use of property (which is actus reus ) but mistakes prevent X from forming mens rea (that is, because he believes he is the owner, he is not dishonest and does not intend to remove the "owner") so no crime is committed at this point. But if he realizes the error when he comes home and can return the scarf to Y, he will steal the scarf if he is dishonest keep it (see theft by searching). Note that there may be civil liability for infringing intruders on goods or conversions in any eventuality.
Maps Theft
Based on the jurisdiction
Canada
Section 322 (1) of the Criminal Code provides a general definition for theft in Canada:
322 . (1) Everyone commits a fraudulent and colorless theft of the right to take, or fraudulently and without any color of conversion right to use or for the use of any other person, whatever, whether alive or dead, with the intent
- (a) to revoke, temporarily or absolute, the owner, or any person possessing any special property or interest therein, goods or property or interests;
- (b) to promise or keep it as security;
- (c) to part with him in a condition with respect to his return that the person separating him may not be able to do so; or
- (d) to deal with it in such a way that it can not be recovered in the conditions in which it was taken or converted.
Sections 323 to 333 provide more specific examples and exceptions:
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- theft from an oyster bed (s 323)
- the theft by bailee the things that are confiscated (s 324) Exception
- when agent pledges goods (s 325)
- the theft of telecommunication services (s 326)
- ownership of the device for telecommunication facilities or services (s 327)
- theft by or from the person owning the property or special interest (s) 328
- the theft by the person required for the account (s) 330
- theft by the person holding the power of attorney (s) 331
- misappropriation of money held under the direction (s 332)
- exceptions for ore taken for exploratory or scientific research (s) 333)
In the general definition above, the Supreme Court of Canada has interpreted "anything" extensively, stating that it is not limited to physical evidence, but includes tangible. To be the subject of the theft should, however:
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- to be some sort of property;
- be a property capable of being
-
- retrieved (therefore intangible not excluded); or
- converted (and may be intangible);
- taken or altered in a manner that deprives the owner of ownership interests in several ways.
Therefore, confidential information can not be the subject of theft, since it can not be taken because only physical evidence can be retrieved. It can not be changed, not because it is intangible, but because, except in a very unreasonable state, the owner will never lose it. However, theft of trade secrets under certain circumstances is part of an economic espionage offense, which can be prosecuted under s. 19 of the Information Security Act .
For penalty purposes, Section 334 divides the theft into two separate violations, in accordance with the value and nature of the stolen goods:
- If the stolen item is worth more than $ 5000 or is a proving instrument, the offense is usually referred to as Theft Over $ 5000 and is a suspicious offense with a maximum penalty of 10 years imprisonment. Where the stolen item is not an experimental tool and is worth more than $ 5000 is known as Theft Under $ 5000 and is a hybrid violation, which means it can be treated as a guilty offense. or a less serious statement of infringement, depending on the prosecutor's choice.
-
- if dealt with as a claimable offense, it can be sentenced to imprisonment for not more than 2 years, and,
- if treated as a breach of belief, may be punished for 6 months imprisonment, a fine of $ 2,000 or both.
-
When a motor vehicle is stolen, Section 333.1 provides a maximum sentence of 10 years for an alleged offense (and a minimum sentence of six months for a third or subsequent belief), and a maximum sentence of 18 months with a summary conviction.
Hong Kong
Article 2 Theft Act provides a general definition of theft in Hong Kong:
(1) A person commits theft if dishonestly takes over the property of the other party in order to permanently revoke his property; and thieves and thieves must be interpreted accordingly.
(2) It is not material whether the appropriation is done for the purpose of obtaining, or made for the benefit of the thief himself.
Netherlands
Theft is a crime with related articles in Wetboek van Strafrecht.
- Article 310 prohibits theft (Dutch: installed ), which is defined as retrieving any object that (in part) belongs to another person, with a view to adjusting it illegally. The maximum penalty is 4 years or a fine from the fifth category.
- Article 311 consists of the following:
- Part 1. Sentenced to a maximum imprisonment of 6 years or a fine from the fourth category are:
- 1. Theft of livestock;
- 2. Theft during certain emergency events;
- 3. Theft during a night at the residence by someone who is there without the knowledge or permission of the owner;
- 4. Theft by 2 or more organized people;
- 5. Theft, where the thief gets access through violence, climbing in, using fake or undercover keys;
- 6. Territorial theft.
- Part 2. When theft is committed on 3 with situations 4 and 5, the maximum imprisonment is 9 or the fifth category penalty.
- Part 1. Sentenced to a maximum imprisonment of 6 years or a fine from the fourth category are:
- Article 312 consists of the following:
- Part 1 forbids robbery (Dutch: beroving ), which is defined as taking any object by force or by force threat. The maximum penalty is 9 years or a fine with the fifth category
- Part 2 enables a maximum of 12 years imprisonment or a fine from the fifth category when:
- 1. Robbery is done at night, at residence, on public roads or on moving trains;
- 2. Robbery by 2 or more persons; â € <â € <
- 3. Robbery is done by violence, climbing in, false or impersonate keys;
- 4. Robbery causes severe injury;
- 5. The robbery is terroristic.
- Section 3 allows a maximum imprisonment of 15 years, not 12 when a robbery causes death for the victim.
- Article 314 consists of the following:
- Part 1 prohibits hunting (Dutch: stroperij ), defined as taking non-violence as follows: clay, sand, soil, raw wood, falling vegetables (see the source for full list). The maximum penalty is one month or penalty from the second category.
- Part 2 increases the maximum imprisonment up to 2 months when the crime is committed again less than 2 years after the first time.
- Section 315 increases maximum imprisonment and good category when hunting is conducted with vehicles and experimental animals. The maximum penalty is 3 years or a fine from the fourth category.
Republic of Ireland
Theft is a violation of the law, made by section 4 (1) of the Criminal Justice (Theft and Fraud Violations) Act, 2001.
Romanian
According to the Romanian Penal Code someone robbed ( furt ) can face penalties ranging from 1 to 20 years.
Degree of theft:
- Section 208: Theft (1 to 12 years) - When someone steals an object, or uses a vehicle without permission and no aggravating conditions apply.
- Article 209: Eligible theft (3 to 20 years)
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- The aggravating situation (3 to 15 years): a) by two or more persons together; b) by a person possessing a weapon or substance; c) by a masked or disguised person; d) against a person who can not defend himself; e) in public places; f) in public transport vehicles; g) at night; h) during natural disasters; i) through a robbery, or by using an original key or a copy; j) stealing a national treasure; k) stealing official identity papers with a view to exploiting them; l) stealing an official identity badge with the intent to exploit it.
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- An aggravating situation (4 to 18 years): a) stealing an oil-based product directly from a transport pipeline and vehicle or deposit; b) stealing components from national electrification networks, telecommunications, irrigation or any type of navigation system; c) stealing sirens; d) stealing vehicles or public intervention devices; e) stealing something that endangers the safety of public transport.
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- An aggravating situation (10 to 20 years): when the consequences are very serious and affect public institutions or stolen material worth more than 200,000 RON (about US $ 80,000).
United Kingdom
England and Wales
In England and Wales, theft is a violation of the law, made by section 1 (1) of the 1968 Theft Act. This violation supersedes previous violations of theft, embezzlement and false conversions.
The marginal notes for part 1 of Theft Act 1968 describe it as the "basic definition" of theft. Sections 1 (1) and (2) provide:
- 1.- (1) A person is guilty of theft, if he is dishonestly taking over the property of the other party in order to permanently revoke his property; and "thieves" and "steals" will be interpreted accordingly.
- (2) It is not material whether the appropriation is made for the purpose of obtaining, or made for the benefit of the thief himself.
Parts 2 to 6 of the 1968 Theft Act have an effect relating to the interpretation and operation of part 1 of the Act. Except as otherwise provided by the Act, sections 2 to 6 of the Act apply only to the purposes of section 1 of the Act.
Use
Section 3 provides:
(1) Any assumption by a person concerning the rights of an owner to an appropriation, and this includes, where he comes with property (without plain or not) without stealing it, any later assumption of the right to it by saving or dealing with it as owner.
(2) If the property or right or interest in the property is or is intended to be transferred as a value to a person acting in good faith, there is no later assumption by him of the right he/she believes he/she will obtain, for reasons of defects in the title of switcher, property.
See R v Hinks and Lawrence v Commissioner of the Metropolitan Police.
Properties
Section 4 (1) provides that:
"Property" includes money and all other property, real or personal, including things in action and other intangible property.
Edward Griew says that part 4 (1) can, without altering its meaning, is reduced, by omitting words, to:
"Property" includes... all... properties.
Sections 4 (2) through (4) state that the following may only be stolen in certain circumstances:
- The soil or objects that form part of the ground and disconnected from it (s 4 (2))
- Fungus grows wild in any field, or flowers, fruits or leaves of plants growing wild in any land (s 4 (3))
- Wild creatures or the carcass of a wild creature (s 4 (4))
Intangible property
Confidential and trade secret information is not a property in the sense of section 4.
The words "other intangible property" include export quotas that can be transferred for a temporary or permanent value.
Electricity
Electricity can not be stolen. This is not a property in the sense of section 4 and is not adjusted by turning on the current. Cf. violations of electrical abstraction under article 13.
Another property
Section 5 "belongs to another" requires the distinction to be made between ownership, ownership and control:
- ownership is where someone is not legally liable to others for property use:
- ownership is where a person is solely responsible to the owner for the use of the property; and
- control is where a person is only responsible to two people for the use of the property.
So if A buys a car for cash, A will be the owner. If A then lends the car to B Ltd (the company), B Ltd. will have ownership. C, an employee of B Ltd then uses the car and has control. If C uses cars unlawfully, C will steal cars from A and B Ltd. This means that it is possible to steal your own property.
At Rv Turner, the owner moved his car from the front yard of the garage where it was left to be picked up after it was repaired. He intends to avoid paying bills. There is a car seizure because it has been physically removed but there are two issues to be decided:
- does the car "belong to someone else"? The garage has a lien of "property or interest" in the car as collateral for unpaid bills and this gives the garage a better right than the owner to own the car at the relevant time.
- what is the relevance of Turner's trust that he can not steal his own? The defense of a legal error only applies if the defendant honestly believes that he has the right in law to act in a certain way. The general and non-specific beliefs about what is allowed by law is not a defense.
In order to permanently deprive others of it
Section 6 "with a view to permanently removing the other from it" is sufficiently flexible to include situations in which the property is then returned. For example, suppose B, a sharp soccer fan, has bought tickets for the next home game. T picks up tickets, watches the match and then returns the ticket to B. In this example, all that is returned is a piece of paper. Its value as a license to enter the stadium on a given day has been permanently lost. Therefore, T stole the tickets. Similarly, if T takes the valuable antiques but then repents and returns the goods, T has done actus reus with mens rea . The fact that T's conscience alters the mind is only relevant to punishment.
Alternate verdict
Violations made by section 12 (1) of the 1968 Theft Act (TWOC) provide an alternative verdict on the charges for theft.
Visit strength
Theft is a property offense for the purposes of section 3 of the 1952 Armed Forces Act.
Trial mode and sentence
Theft can be imitated. A person guilty of a responsible theft, with confidence in the indictment, is jailed for a period not exceeding seven years, or with the conclusion of a prison sentence for a period not exceeding six months, or a fine not exceeding the prescribed amount, or both.
Increased theft
The only aggravated theft offense was robbery, contrary to section 8 of Theft Act 1968.
Stolen goods
For the purposes of the stipulation of the 1968 Stait Law relating to stolen goods, goods acquired in the United Kingdom or Wales or other places with extortion or fraud are considered as stolen, and the words "steal", "theft" and "thieves" are thus interpreted.
Parts 22 through 24 and 26 through 28 of Theft Act 1968 contain references to items stolen.
Dealing with stolen goods
Violations dealing with stolen goods, contrary to article 22 (1) of the 1968 Theft Act, can only be done "other than in the course of stealing".
Similar or related violations
According to its title, Theft Act 1968 revised the law on theft and similar or related offenses. See also Theft Act 1978.
Northern Ireland
In Northern Ireland, theft is a violation of the law, made by section 1 of the Theft Act (Northern Ireland) 1969.
United States
In the United States, the plenary rules of theft exist only at the state level, in the sense that most thefts by default will be prosecuted by the state where the theft occurred. The federal government has criminalized certain categories of theft that directly affect federal agencies or interstate commerce. The model of the Criminal Code includes categories of theft with illegal harvesting or by unlawfully removing property, theft by fraud (fraud), theft by extortion, theft by not taking steps to recover lost or misplaced or misdirected property, theft with a receipt stolen property, theft by failing to make the agreed disposition of the funds received, and the theft of the service.
Although many US states have withheld theft as a major offense, some have now adopted theft provisions.
Grand theft , also called grand thefts , is a term used throughout the United States that denotes a large or serious theft in potential for the consequences of a penicologist. Large thefts are contrasted with small thefts , smaller or less serious thefts.
The laws of theft, including the distinction between large thefts and petty thefts for cases within their jurisdiction, differ by country. This distinction is established by law, as are the consequences of the penologist. Most commonly, the law establishes the distinction between a large theft and a petty theft done on the basis of the value of money or property taken by the thief or lost by the victim, with the dollar threshold for large thefts varying from state to state. Most commonly, the penological consequences of the difference include significant that large thefts can be treated as a crime, while petty theft is generally treated as a minor crime.
In some states, vehicle theft can be charged as "car theft" (see motor vehicle theft for more information).
Repeated offenders who continue to steal can be subject to life in prison in certain states.
Sometimes federal anti-theft laws-the 18 U.S.C.Ã, Â ° 640 governments are used to prosecute cases where the Espionage Act otherwise would be involved; theory is that by maintaining sensitive information, the defendant has taken 'something of value' from the government. For example, look at the Ameracian case and the United States v. Manning .
Alabama
When the stolen property exceeds the $ 500 amount it is a crime offense. If the property is less than $ 500, then it is a Class A offense. Unlike some other countries, shoplifting is not defined by a separate law but is under state theft legislation.
Alaska
The Alaska State Code does not use the term "grand theft" or "grand thefts". However, it does determine that theft of property worth more than $ 1,000 is a crime whereas theft with a smaller amount is a minor offense. Crime categories (class 1 and grade 2 thefts) also include the theft of firearms; property taken from others; safety equipment or the survival of ships or aircraft; and access the device.
Arizona
Felony theft is done when the value of the stolen property exceeds $ 1000. Regardless of the value of the merchandise, if it is a firearm or animal taken for the purpose of fighting with animals, then theft is Class 6 Felony.
California
The Theft Act of 1927 consolidates the various crimes of common law into theft. The state now distinguishes between two types of thefts, large thefts and petty thefts. Older fraud, stealing, and theft crimes, and pre-existing references are now under theft laws.
There are a number of criminal laws in the California Criminal Code that define large thefts in different amounts. Major thefts generally consist of the theft of something worth more than $ 950 (including money, labor or property but lower with respect to certain properties), Theft is also considered a big theft when over $ 250 in the form of plants or marine life is stolen, When the property is taken from someone else, "or when the property that is stolen is a car, a cattle, or a firearm.
Small theft is the default category for all other thefts.
Large thefts can be sentenced to up to one year in prison or jail, and may be charged (depending on circumstances) as minor crimes or crimes, while petty theft is a crime punishable by a fine or imprisonment of no more than six months in jail or both.
Florida
In general, any property taken with a value of more than $ 300 can be considered a large theft under certain circumstances.
Georgia
In Georgia, when a criminal act of theft involves a property worth $ 500 or less, the crime can be punished as a minor crime. Any property theft specified in excess of $ 500 can be considered a large theft and is charged as a crime.
Hawaii
Theft in the first or second level is a crime. Theft at the first level means theft over $ 20,000 or firearms or explosives; or theft of more than $ 300 during the announced emergency. Theft in the second degree means theft over $ 750, theft from others, or agricultural products over $ 100 or aquaculture products from a closed property.
Illinois
Theft is a crime if the property value exceeds $ 300 or the property is stolen from someone else. Thresholds on $ 10,000, $ 100,000, and $ 500,000 determine how severe the punishment is. The location of the stolen property is also a factor in the punishment.
Kentucky
KRS 514.030 states that theft with unlawful taking or disposition is generally a Class A violation unless the stolen item is a firearm, ammonia anhydrous, controlled substance valued at less than $ 10,000 or other goods or combination of goods valued at $ 500 or higher and less than $ 10,000 in the case of theft is a Class D crime. Theft of goods worth $ 10,000 or higher and less than $ 1,000,000 is a Class C crime. Theft of goods worth $ 1,000,000 or more is a Class B crime, such as kidnapping theft first of anhydrous ammonia for methamphetamine-making purposes in violation of KRS 218A.1432. In the latter case, the subsequent offense is a Class A crime.
Massachusetts
In Massachussetts, theft in general can be charged as a stolen item of stolen goods over $ 250.
Missouri
Stealing is a criminal offense if the value of the stolen property exceeds $ 500. It is also a crime if "The actor physically takes the property taken from the victim" or the stolen goods are vehicles, legal documents, credit cards, firearms, explosives, on display, farm animals, fish worth over $ 75, captive wildlife, controlled substances, or ammonia. Stealing over $ 25,000 is usually a class B crime (sentence: 5-15 years), while stealing other crimes (not counting the crime of kidnapping or robbery) that does not involve chemicals is a class C crime (sentence: up to 7 years). Non-criminal theft is a class A crime (sentence: up to 1 year).
New York
Grand Theft consists of stealing property with a value exceeding $ 1000; or stealing public records, secret scientific material, firearms, credit or debit cards, ammonia, telephone with service, or motor vehicles or religious goods worth over $ 100; or stealing from another person or by extortion or from an ATM. A large theft rate increases if the theft comes from an ATM, through extortion involving fear, or involves a value exceeding the $ 3,000, $ 50,000, or $ 1,000,000 threshold.
Vermont
Grand Larceny: Nilai barang melebihi $ 900 (13 V.S.A.§§ 2501)
Virginia
Grand Larceny: Value of goods exceeding $ 200 (Virginia Code Ã,§ 18.2-95)
Washington State
Theft of goods worth between $ 750 and $ 5000 is second-rate theft, Class C crime. Theft of goods is worth over $ 5000, from search dogs and rescuers on duty, public records from public or official offices, metal wire from utilities, or from devices access, is a Class B crime, such as motor vehicle theft or firearms.
Australia
Actus reus
Victoria
Theft is defined in the 1958 (Vic) Crimes Act (Vic) when a person "dishonestly takes over the property of another person for the purpose of permanently robbing the other." Actus reus and mens rea are defined as follows: Appropriations are defined in section 73 (4) of the 1958 (Vic) Crimes Act as the assumption of one of the owner's rights. It does not have to be all ownership rights, as long as at least one right has been assumed. If the owners give their consent to appropriation there can be no appropriation. However, if this agreement is obtained by fraud, this agreement is destroyed.
Property - defined in section 71 (1) of the 1958 (Vic) Crimes Act as a real property, including money and intangible property. Information has been held not owned.
Other property - article 73 (5) of the Criminal Code 1958 (Vic) states that the property belongs to another party if the person owns ownership, ownership, or ownership of property in the property. Property can be owned by more than one person. section 73 (9) & amp; 73 (10) deals with situations in which the defendant accepts the property under liability or by mistake.
South Australia
Theft is defined in section 134 of the Criminal Consolidation Act 1935 (SA) as a place where a person is dealing with property dishonestly, without the owner's consent and intends to deprive their property owner, or to make an encroachment on ownership rights.
Under this law, the acquisition of property rights means that property is handled in a manner that creates a substantial risk that the property will not be returned to the owner, or that the property value will be greatly reduced when the owner regains. Also, where property is treated as the defendant has property to be disposed of, ignores the right of the actual property owner.
For a basic offense, a person found guilty of this offense is liable for imprisonment of up to 10 years.
For aggravated offenses, a person convicted of this offense is liable for imprisonment up to 15 years.
Mens rea
Victoria
The intention to permanently revoke - is defined in s.73 (12) as treating property because it belongs to the defendant, not the owner.
Dishonest - Part 73 (2) of the 1952 (Crimes Act) 1952 (Vic) creates a negative definition of the term 'dishonest'. This section considers only three circumstances when the defendant is considered to have acted honestly. This is a belief in a claim of legal rights, a belief that the owner will approve, or the belief that the owner can not be found.
South Australia
Whether a person's behavior is dishonest is a matter of fact to be determined by the jury, based on their own knowledge and experience. As the definition in Victoria, it contains a definition of what is not a dishonesty, including a belief in a legal claim about a right or a belief that the owner can not be found.
West Indies
In the West Indies of England, especially Grenada, there has been a series of large-scale thefts of tons of sand from shore. Both Grenada and Jamaica are considering increasing fines and jail time for theft.
Sharia-compliant territory
In the world of ruled by sharia law, punishment for theft is a right hand amputation if the thief does not repent. This verdict comes from verse 5 verse 38 of the Quran stating As for thieves, men or women, cut off their hands: punishment by way of example, from God, for their evil: and God is glorified in power. This is seen as a deterrent.
Also see
Specific forms of theft and other related violations
Note
References
- Allen, Michael. Criminal Justice Handbook . Oxford University Press, Oxford. (2005) ISBN: 0-19-927918-7.
- Criminal Law Revision Committee. Report 8. Theft and Related Violation. Cmnd. 2977
- Green, Stuart P.
. Harvard University Press, Cambridge, MA (2012). ISBN 978-0674047310 - Griew, Edward. Theft of Story 1968 & amp; 1978 , Sweet & amp; Maxwell. ISBN 0-421-19960-1
- Ormerod, David. Criminal Law of Smith and Hogan , LexisNexis, London. (2005) ISBNÃ, 0-406-97730-5
- Maniscalco, Fabio, Art Theft (in Italian), Naples - Massa (2000) ISBNÃ, 88-87835-00-4
- Smith, J. C. Law of Theft , LexisNexis: London. (1997) ISBNÃ, 0-406-89545-7.
External links
- Related quotes Theft in Wikiquote
- The dictionary definition of scrump in Wiktionary
- Definition of dictionary on theft in Wiktionary
- Media Related to Theft on Wikimedia Commons
Source of the article : Wikipedia
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