Also known as: intention to deprive
Written by attorneys · grounded in primary & secondary sources — see below
The culpable mental state for theft crimes consisting of a purpose to permanently deprive the owner of property or to deprive for an unreasonably long period.
Isaac Irving, a hotel concierge, directs a bellhop to move a guest's luggage into storage. He opens the bags, removes designer clothing and electronics for his own use, and returns the bags. The removal and retention of the items for personal benefit shows Isaac acted with intent to deprive the guest of the property permanently.
Ingrid Innes, a nurse on an understaffed ward, sees a patient's hearing aids on a bedside table. She places the aids in her pocket and carries them for three hours while completing other tasks instead of securing them immediately. The prolonged retention without documentation or prompt return demonstrates intent to deprive the patient of the devices for an unreasonable time.
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Iain Irons removes five power tools bearing another company's logo from an open bin on a construction site. He places the tools in his zipped backpack and carries them thirty feet toward his truck before being stopped. The removal of marked property without permission and the attempt to transport it off site establish intent to deprive the owner for an unreasonable period.
Ines Ibarra, an off-duty sales clerk, removes an expensive jacket from a store display after hours. She wears it out of the store without payment or notice to supervisors and keeps it overnight. The unauthorized taking and overnight retention of valuable merchandise for personal use satisfies the intent to deprive the store permanently.
Isabella Ingram, an assistant manager with limited discount authority, secretly sells designer handbags to a friend at a fraction of their price. She later splits the friend's resale profits. The deliberate diversion of store goods outside authorized procedures and the sharing of full market value show intent to deprive the store of its property permanently.
No. The intent element is assessed at the time of the taking. Planning to keep property overnight or for several hours without permission creates an unreasonable risk of permanent loss even if the defendant later claims a plan to return the items.
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No. Theft is complete once the defendant exercises unlawful control over any part of the owner's movable property with the purpose to keep it. Returning empty luggage or bags does not negate the intent to deprive the owner of the removed items.
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It depends on the facts. Prolonged retention while attending to other tasks, failure to document or notify anyone, and secretive removal support an inference of intent to deprive even when the defendant later offers a protective explanation.
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A stated intent to return may create a factual dispute, but circumstances such as taking marked property belonging to a departed crew without permission can support a finding that the defendant intended an unreasonable deprivation.
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…States." The complaint further alleges that the acts of the defendants "were done wilfully, knowingly and purposely with the intent to deprive the plaintiffs of their rights, privileges and immunities secured to them by the Constitution and laws of the United States." The complaint prays for compensatory and punitive…