Australia Actus reus . 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 section 134 of the
Criminal Consolidation Act 1935 (SA) as being where a person deals with property dishonestly, without the owner's consent and intending to deprive the owner of their property, or make a serious encroachment on the proprietary rights of the owner. For a basic offence, a person found guilty of this offence is liable for imprisonment of up to 10 years. For an aggravated offence, a person found guilty of this offence is liable for imprisonment of up to 15 years.
Victoria Theft is defined in the
Crimes Act 1958 (Vic) as when a person "dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.". The actus reus and mens rea are defined as follows: Appropriation is defined in section 73(4) of the
Crimes Act 1958 (Vic) as the assumption of any of the owner's rights. It does not have to be all the owner's rights, as long as at least one right has been assumed. If the owner gave their consent to the appropriation there cannot be an appropriation. However, if this consent is obtained by deception, this consent is vitiated. Property – defined in section 71(1) of the
Crimes Act 1958 (Vic) as being both tangible property, including money and intangible property. Information has been held not be property. Belonging to another – section 73(5) of the
Crimes Act 1958 (Vic) provides that property belongs to another if that person has ownership, possession, or a proprietary interest in the property. Property can belong to more than one person. sections 73(9) & 73(10) deal with situations where the accused receives property under an obligation or by mistake.
Victoria Intention to permanently deprive – defined at s.73(12) as treating property as it belongs to the accused, rather than the owner. Dishonestly – section 73(2) of the
Crimes Act 1958 (Vic) creates a negative definition of the term 'dishonestly'. The section deems only three circumstances when the accused is deemed to have been acting 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 found. Sections 323 to 333 provide for more 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 (s. 326) :* possession of device to obtain telecommunication facility or service (s. 327) :* theft by or from person having special property or interest (s. 328) :* theft by person required to account (s. 330) :* theft by person holding power of attorney (s. 331) :* misappropriation of money held under direction (s. 332) :* exception for ore taken for exploration or scientific research (s. 333) In the general definition above, the
Supreme Court of Canada has construed "anything" very broadly, stating that it is not restricted to tangibles, but includes intangibles. To be the subject of theft it must, however: :* be property of some sort; :* be property capable of being ::* 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. Because of this,
confidential information cannot be the subject of theft, as it is not capable of being taken as only tangibles can be taken. It cannot be converted, not because it is an intangible, but because, save in very exceptional far‑fetched circumstances, the owner would never be deprived of it. For the purposes of punishment, Section 334 divides theft into two separate offences, according to the value and nature of the goods stolen: :* If the thing 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 10 years imprisonment. :*Where the stolen item is not a testamentary instrument and is not worth more than $5000 it is known as
Theft Under $5000 and is a
hybrid offence, meaning that it can be treated either as an indictable offense or a less serious
summary conviction offence, depending on the choice of the prosecutor. ::* if dealt with as an indictable offence, it is punishable by imprisonment for not more than 2 years, and, ::* if treated as a summary conviction offence, it is punishable by 6 months imprisonment, a fine of $2000 or both. Where a motor vehicle is stolen, Section 333.1 provides for a maximum punishment 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 conviction.
Hong Kong Section 2 of the Theft Ordinance provides the general definition of theft in Hong Kong: 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 Act 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 Court. It is the main difference between the offence of theft in these two jurisdictions.
India Theft is a criminal activity 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. ; Section 378 – Theft. :Whoever intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft. :Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. :Explanation 2.—A moving effected by the same act which effects the severance may be a theft. :Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. :Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. :Explanation 5.—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. ; Section 379 – Punishment for theft. :Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. ; Section 380 – Theft in dwelling house, etc. :Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ; Section 381 - Theft by clerk or servant of property in possession of master. :Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, 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 also be liable to fine. ; Section 382 – Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. :Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
The Netherlands Theft is a crime with related articles in the
Wetboek van Strafrecht. • Article 310 prohibits theft (Dutch:
diefstal), which is defined as 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 fifth category. • Article 311 consists of the following: • Part 1. Punishable with maximum imprisonment of 6 years or a fine of the fourth category • Article 312 consists of the following: • Part 1 prohibits robbery (Dutch:
beroving), which is defined as taking away any object with violence or with threat of violence. Maximum imprisonment is 9 years or a fine with the fifth category • Article 314 consists of the following: • Part 1 prohibits poaching (Dutch:
stroperij), which is defined as taking away without violence the following: clay, sand, earth, raw wood, fallen vegetables (see the source for a complete list). Maximum imprisonment is one month or a fine of the second category. • Part 2 increases the maximum imprisonment to 2 months when the crime is committed again less than 2 years after the first time. • Article 315 increases the maximum imprisonment and fine category when poaching is done with vehicles and draft animals. Maximum imprisonment is 3 years or a fine of the fourth category.
Republic of Ireland Theft is a statutory offence, created by section 4(1) of the
Criminal Justice (Theft and Fraud Offences) Act 2001.
Romania According to the
Romanian Penal Code a person committing theft (
furt) can face a penalty ranging from 1 to 20 years. Degrees of theft: • Article 208: Theft (1 to 12 years)—When a person steals an object, or uses a vehicle without permission and no aggravating circumstances apply. • Article 209: Qualified theft (3 to 20 years) :*Aggravating circumstances (3 to 15 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) against 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 by using an original or copied key; j) stealing national treasures; k) stealing official identity papers with the intention to make use of them; l) stealing official identity badges with the intention to make use of them. :*Aggravating circumstances (4 to 18 years): a) stealing petrol-based products directly from transportation pipes and vehicles or deposits; b) stealing components from national electrification, telecommunication, irrigation networks or from any type of navigational system; c) stealing a siren; d) stealing a public intervention vehicle or device; e) stealing something which jeopardises the safety of public transportation. :*Aggravating circumstances (10 to 20 years): when the consequences are extremely grave and affect public institutions or the material stolen is worth over 200,000
RON (approximately
US$80,000).
United Kingdom s steal a fine pair of boots.
England and Wales In
England and Wales, theft is a statutory offence, created by section 1(1) of the
Theft Act 1968. This offence replaces the former offences of
larceny,
embezzlement and
fraudulent conversion. The marginal note to section 1 of the Theft Act 1968 describes it as a "basic definition" of theft. Sections 1(1) and (2) provide: :1.-(1) A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly. :(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit. Sections 2 to 6 of the Theft Act 1968 have effect as regards the
interpretation and operation of section 1 of that Act. Except as otherwise provided by that Act, sections 2 to 6 of that Act apply only for the purposes of section 1 of that Act. The offence of theft is typically understood to have 5 elements which must be proved at trial: dishonesty, appropriation, property, belonging to another, intent to permanently deprive.
1. 'Dishonestly' There is no theft without dishonesty in English & Welsh criminal law. Reflective of this, s2 of the Theft Act 1968 provides circumstances in which a person is not to be considered dishonest. However the word is not defined in statute. The test of dishonesty is a common law one. It was previously contained in the judgment of
R v Ghosh, however this has since been overruled by
Ivey v Genting Casinos, as confirmed by
R v Barton and Booth. 2. 'Appropriates' Section 3 provides: See
R v Hinks and
Lawrence v Metropolitan Police Commissioner.
3. 'Property' Section 4(1) provides that:
Edward Griew said that section 4(1) could, without changing its meaning, be reduced, by omitting words, to: Sections 4(2) to (4) provide that the following can only be stolen under certain circumstances: • Land or things forming part of land and severed from it (s. 4(2)) • Mushrooms growing wild on any land, or the flowers, fruit or foliage of plants growing wild on any land (s. 4(3)) • Wild creatures or the carcases of wild creatures (s. 4(4))
Intangible property Confidential information and
trade secrets are not property within the meaning of section 4. The words "other intangible property" include
export quotas that are transferable for
value on a temporary or permanent basis.
Electricity Electricity cannot be stolen. It is not property within the meaning of section 4 and is not appropriated by switching on a current.
Cf. the offence of
abstracting electricity under section 13.
4. 'Belonging to another' Section 5 "belonging to another" requires a distinction to be made between ownership, possession and control: • ownership is where a person is not legally accountable to anyone else for the use of the property: • possession is where a person is only accountable to the owner for the use of the property; and • control is where a person is only accountable 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 (a
company), B Ltd will have possession. C, an employee of B Ltd then uses the car and has control. If C uses the car in an unauthorised way, C will steal the car from A and B Ltd. This means that it is possible to steal one's own property. In R v Turner, the owner removed his car from the forecourt of a garage where it had been left for collection after repair. He intended to avoid paying the bill. There was an appropriation of the car because it had been physically removed but there were two issues to be decided: • did the car "belong to another"? The garage had a
lien i.e. a "proprietary right or interest" in the car as security for the unpaid bill and this gave the garage a better right than the owner to possess the car at the relevant time. • what was the relevance of Turner's belief that he could not steal his own property? The defence of
mistake of law only applies if the defendant honestly believes that he has a right in law to act in the given way. Generalised and non-specific beliefs about what the law might permit are not a defence.
5. 'With the intention of permanently depriving the other of it' Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned.
Alternative verdict The offense created by section 12(1) of the
Theft Act 1968 (
TWOC) is available an
alternative verdict on an indictment for theft.
Visiting forces Theft is an
offence against property for the purposes of section 3 of the
Visiting Forces Act 1952.
Mode of trial and sentence Theft is triable
either way. A person guilty of theft is liable, on conviction on
indictment, to imprisonment for a term not exceeding seven years, or on
summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the
prescribed sum, or to both.
Aggravated theft The only offence of aggravated theft is
robbery, contrary to section 8 of the Theft Act 1968.
Stolen goods For the purposes of the provisions of the Theft Act 1968 which relate to
stolen goods, goods obtain in
England or
Wales or elsewhere by
blackmail or
fraud are regarded as stolen, and the words "steal", "theft" and "thief" are construed accordingly. Sections 22 to 24 and 26 to 28 of the Theft Act 1968 contain references to stolen goods.
Handling stolen goods The offence of
handling stolen goods, contrary to section 22(1) of the Theft Act 1968, can only be committed "otherwise than in the course of stealing".
Similar or associated offences According to its
title, the
Theft Act 1968 revises the law as to theft and similar or associated offences. See also the
Theft Act 1978.
Northern Ireland In
Northern Ireland, theft is a statutory offence, created by section 1 of the
Theft Act (Northern Ireland) 1969.
United States s can occasionally be stolen, even when locked up, by removing the wheel or cutting the lock that holds them. In the
United States, crimes must be prosecuted in the jurisdiction in which they occurred. Although federal and state jurisdiction may overlap, even when a criminal act violates both state and federal law, in most cases only the most serious offenses are prosecuted at the federal level. The
federal government has criminalised certain narrow categories of theft that directly affect federal agencies or
interstate commerce. The
Model Penal Code, promulgated by the
American Law Institute to help state legislatures update and standardise their laws, includes categories of theft by unlawful taking or by unlawfully disposing of property, theft by deception (
fraud), theft by
extortion, theft by failure to take measures to return lost or mislaid or mistakenly delivered property, theft by receipt of stolen property, theft by failing to make agreed disposition of received funds, and theft of
services. Although many
U.S. states have retained
larceny as the primary offense, some have now adopted theft provisions.
Grand theft, also called
grand larceny, is a term used throughout the United States designating theft that is large in magnitude or serious in potential
penological consequences. Grand theft is contrasted with
petty theft, also called
petit theft, that is of smaller magnitude or lesser seriousness. Theft laws, including the distinction between grand theft and petty theft for cases falling within its jurisdiction, vary by state. This distinction is established by statute, as are the penological consequences. Most commonly, statutes establishing the distinction between grand theft and petty theft do so on the basis of the value of the money or property taken by the thief or lost by the victim, with the dollar threshold for grand theft varying from state to state. Most commonly, the penological consequences of the distinction include the significant one that grand theft can be treated as 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 information). Repeat offenders who continue to steal may become subject to
life imprisonment in certain states. Sometimes the federal anti-theft-of-government-property law is used to prosecute cases where the
Espionage Act would otherwise be involved, the theory being that by retaining sensitive information, the defendant has taken a 'thing of value' from the government. For examples, see the
Amerasia case and
United States v. Manning.
Alabama When stolen property exceeds the amount of $500 it is a felony offense. If property is less than $500, then it is a Class A misdemeanor. Unlike some other states,
shoplifting is not defined by a separate statute but falls under the state's general theft statute.
Alaska The Alaska State Code does not use the terms
grand theft or
grand larceny. However, it specifies that theft of property valued at more than $1,000 is a felony whereas thefts of lesser 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 aircraft safety or survival equipment; and of access devices.
Arizona Felony theft is committed when the value of the stolen property exceeds $1000. Regardless of the value of the item, if it is a firearm or an animal taken for the purpose of animal fighting, then the theft is a Class 6 Felony.
California The
Theft Act of 1927 consolidated a variety of common law crimes into theft. The state now distinguishes between two types of theft, grand theft and petty theft. The older crimes of
embezzlement,
larceny, and
stealing, and any preexisting references to them now fall under the theft statute. There are a number of criminal statutes in the California Penal Code defining grand theft in different amounts. Grand theft generally consists of the theft of something of value over $950 (including money, labor or property but is lower with respect to various specified property), Theft is also considered grand theft when more 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 automobile, farm animal, or firearm. Petty theft is the default category for all other thefts. Grand theft is punishable by up to a year in jail or prison, and may be charged (depending upon the circumstances) as a
misdemeanor or
felony, while petty theft is a
misdemeanor punishable by a fine or imprisonment not exceeding six months in
jail or both.
Florida In general, any property taken that carries a value of more than $750 can be considered grand theft in certain circumstances.
Georgia In Georgia, when a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor. Any theft of property determined to be exceeding $500 may be treated as grand theft and charged as a felony.
Hawaii Theft in the first or second degree is a felony. Theft in the first degree means theft above $20,000 or of a firearm or explosive; or theft over $300 during a declared emergency. Theft in the second degree means theft above $750, theft from the person of another, or agricultural products over $100 or aquacultural products from an enclosed property.
Illinois Theft is a felony if the value of the property exceeds $300 or the property is stolen from the person of another. Thresholds at $10,000, $100,000, and $500,000 determine how severe the punishment can be. The location from which property was stolen is also a factor in sentencing.
Kentucky KRS 514.030 states that theft by unlawful taking or disposition is generally a Class A misdemeanor unless the items stolen are a firearm,
anhydrous ammonia, a controlled substance valued at less than $10,000 or any other item or combination of items valued $500 or higher and less than $10,000 in which case the theft is a Class D felony. Theft of items valued at $10,000 or higher and less than $1,000,000 is a Class C felony. Theft of items valued at $1,000,000 or more is a Class B felony, as is first offense theft of anhydrous ammonia for the express purpose of manufacturing
methamphetamines in violation of KRS 218A.1432. In the latter case, subsequent offenses are a Class A felony.
Massachusetts In Massachusetts, theft may generally be charged as a felony if the value of stolen property is greater than $250.
Missouri Stealing is a
felony if the value of stolen property exceeds $500. It is also a felony if "The actor physically takes the property appropriated from the person of the victim" or the stolen property is a vehicle, legal document, credit card, firearm, explosive, U.S. flag on display, livestock animal, fish with value exceeding $75, captive wildlife, controlled substance, or anhydrous ammonia. Stealing in excess of $25,000 is usually a class B felony (sentence: 5–15 years), while any other felony stealing (not 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 1 year).
New York Grand larceny consists of stealing property with a value exceeding $1000; or stealing a public record, secret scientific material, firearm, credit or debit card, ammonia, telephone with service, or motor vehicle or religious item with value exceeding $100; or stealing from the person of another or by extortion or from an ATM. The degree 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.
Vermont Grand Larceny: Value of goods exceed $900 (13 V.S.A. § 2501)
Virginia Grand Larceny: Value of goods exceed $1000 (Virginia Code § 18.2-95)
Washington State Theft of goods valued between $750 and $5000 is second-degree theft, a Class C
felony. Theft of goods valued above $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 access device, is a Class B felony, as is theft of a motor vehicle or a firearm.
West Indies In the
British West Indies, especially
Grenada, there have been a spate of large-scale
thefts of tons of sand from beaches. Both
Grenada and
Jamaica are considering increasing fines and jail time for the thefts. ==Statistics==