Theft is the unlawful taking away of another man's property. To constitute the crime three things are necessary—the animus furandi, or intent to steal, the asportavit, that is, the goods must be removed from the owner's possession, and this must be done domino invito, against his will. The thing stolen need not be in the possession of the owner; thus, if a man finds lost property, and, knowing to whom it belongs, converts it to his own use, he is guilty of the offence. Again, if a man receives an article for a special and temporary purpose and appropriates it he commits theft. A guest at an inn making off with the vessels or plate brought to him during a meal is an example. Again, the owner may be induced to part with the property by a false pretence; this would be theft according as he did not or did intend to transfer the right to the goods. Thus, if A got from B a horse on the pretext that he wished to show it to a possible customer, A would be guilty of theft if he kept the animal; but if he obtained possession by representing that he wanted it for himself and would pay for it next day, a payment he could not and did not intend to make, he would be guilty of obtaining goods by false pretences. Both parties may in the first instance be deceived or mistaken, but the subsequent conduct of one may make him a thief. Thus, A agreed to lend B a shilling; the coin that passed was a sovereign. B finding this out later kept it; after some doubt he was found guilty of theft. If an article is pledged it is theft if either of the two parties to the contract take possession of it to the detriment of the other; so the partner of a firm or the member of a corporation may steal the partnership or corporation property, but a married woman living with her husband does not commit theft when she converts his property to her own use. If the theft be from the person, and accompanied by violence or threats, it is robbery; if committed by a clerk or servant, upon property received by him on account of his master, it is embezzlement. To buy or accept, knowingly, stolen goods is not theft, but receiving—a crime punishable with fourteen years' penal servitude or less, according to the nature of the theft. The following cannot be stolen: Land and things permanently attached thereto, or documents relating to the title thereof; running or standing water not stored for use (gas and electricity may be stolen); animals running wild, corpses, and things abandoned by their owners. Child-stealing, viz. the abduction of children under the age of puberty, is an offence, but as committed against the person is not properly theft. In England formerly theft was either grand or petit larceny. The latter was restricted to the taking of property to the value of one shilling or less. If the value was greater it was the former, and was punishable between the time of Edward I. and 1827 with death. Very severe sentences may still be inflicted for various kinds of theft. Thus, to steal a will or a letter in the custody of the post-office is punishable with penal servitude for life.
See Stephen's Digest, General View, and History of the Criminal Law. See also STOLEN GOODS.