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From Nordan Symposia
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==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] theef, from [http://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] thēof; akin to Old High German diob thief. [[compare]] Lithuanian tupēti to crouch down.
*[http://en.wikipedia.org/wiki/12th_century before 12th Century]
==Definitions==
*1: one that steals especially stealthily or [[secretly]]; also : one who commits theft or larceny
*2: one who takes portable [[property]] from another without the [[knowledge]] or [[consent]] of the latter, converting it to his own use; one who steals.
==Description==
In [http://en.wikipedia.org/wiki/Criminal_law criminal law], '''theft''' is the illegal taking of another person's [[property]] without that person's freely-given [[consent]]. The [[word]] is also used as an informal shorthand term for some [[crimes]] against [[property]], such as burglary, embezzlement, [http://en.wikipedia.org/wiki/Larceny larceny], looting, robbery, shoplifting, [http://en.wikipedia.org/wiki/Fraud fraud] and sometimes criminal conversion. In some [[jurisdictions]], theft is considered to be synonymous with larceny; in others, theft has replaced [http://en.wikipedia.org/wiki/Larceny larceny].
Someone who carries out an [[act]] of or makes a [[career]] of theft is known as a thief, and the act of theft is known as stealing, thieving, or sometimes filching.
==Elements==
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 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 [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/Thief]
[[Category: Law]]
==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] theef, from [http://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] thēof; akin to Old High German diob thief. [[compare]] Lithuanian tupēti to crouch down.
*[http://en.wikipedia.org/wiki/12th_century before 12th Century]
==Definitions==
*1: one that steals especially stealthily or [[secretly]]; also : one who commits theft or larceny
*2: one who takes portable [[property]] from another without the [[knowledge]] or [[consent]] of the latter, converting it to his own use; one who steals.
==Description==
In [http://en.wikipedia.org/wiki/Criminal_law criminal law], '''theft''' is the illegal taking of another person's [[property]] without that person's freely-given [[consent]]. The [[word]] is also used as an informal shorthand term for some [[crimes]] against [[property]], such as burglary, embezzlement, [http://en.wikipedia.org/wiki/Larceny larceny], looting, robbery, shoplifting, [http://en.wikipedia.org/wiki/Fraud fraud] and sometimes criminal conversion. In some [[jurisdictions]], theft is considered to be synonymous with larceny; in others, theft has replaced [http://en.wikipedia.org/wiki/Larceny larceny].
Someone who carries out an [[act]] of or makes a [[career]] of theft is known as a thief, and the act of theft is known as stealing, thieving, or sometimes filching.
==Elements==
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 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 [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/Thief]
[[Category: Law]]
