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The [http://en.wikipedia.org/wiki/Actus_reus actus reus] of theft is usually defined as an unauthorized taking, keeping or using of another's [[property]] which must be accompanied by a [http://en.wikipedia.org/wiki/Mens_rea 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.
The [http://en.wikipedia.org/wiki/Actus_reus actus reus] of theft is usually defined as an unauthorized taking, keeping or using of another's [[property]] which must be accompanied by a [http://en.wikipedia.org/wiki/Mens_rea 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 [[realiszs]] 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 [http://en.wikipedia.org/wiki/Tort torts] of [http://en.wikipedia.org/wiki/Trespass_to_chattels trespass to chattels] or [http://en.wikipedia.org/wiki/Conversion_(law) conversion] in either [[eventuality]].[http://en.wikipedia.org/wiki/Stealing]
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 [[realizes]] 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 [http://en.wikipedia.org/wiki/Tort torts] of [http://en.wikipedia.org/wiki/Trespass_to_chattels trespass to chattels] or [http://en.wikipedia.org/wiki/Conversion_(law) conversion] in either [[eventuality]].[http://en.wikipedia.org/wiki/Stealing]
[[Category: Law]]
[[Category: Law]]