Also known as:steals · stole · stolen · stealing · theft · larceny
Written by attorneys · grounded in primary & secondary sources — see below
The unlawful taking of another's personal property with the intent to deprive the owner permanently.
Sources & Authorities· 32 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Trespassory Taking of Equipment
Sophia Singh entered the warehouse after hours and removed a laptop belonging to her employer. She carried the device to her car intending never to return it. The employer discovered the absence the next morning and reported the loss.
Theft During Confrontation
Sabrina Shah approached a pedestrian on the street and grabbed his wallet while displaying a knife. The pedestrian surrendered the wallet out of fear. Shah fled with the cash inside after the trespassory taking.
Bias Impeachment Through Theft
Scott Summers testified for the prosecution. Defense counsel asked whether Summers had previously stolen property from outsiders as part of group rules. The question was allowed to show possible bias from the prior theft acts.
Sterling Manufacturing held a note that had been stolen from its files by an unknown thief. It commenced foreclosure after satisfying the requirements for a lost instrument. The borrower challenged the right to enforce the stolen note.
Lawful Possession Then Conversion
Serena Soto entered a client's home without permission and removed cash from a drawer. She carried the money away intending never to return it. The client discovered the absence and pursued criminal charges for the taking.
Attorney Concealment of Evidence
Stephen Shaw removed cash and a weapon from a location without permission and placed them in a new safe deposit box. Police later located the items through independent investigation. Shaw faced charges for the unlawful taking.
Common questions
Frequently Asked
4
How does stealing differ from embezzlement at common law?+
Stealing requires a trespassory taking from someone with a superior right of possession. Embezzlement instead requires that the defendant first acquire lawful possession and then convert the property.
Supporting sources
Does moving property without gaining control satisfy the taking element?+
No. Merely moving property or destroying it does not constitute stealing unless the defendant thereby obtains control over the property.
Supporting sources
Can services be the subject of stealing under traditional common law?+
No. Wrongfully obtaining services does not constitute larceny or stealing at common law.
Supporting sources
When does property lose its status as stolen for receipt offenses?+
Property loses stolen status once law enforcement recovers it with the owner's permission and uses it in an undercover operation.
Supporting sources
384 U.S. 436 (1966)Evidence
…Vignera, and Westover were identified by eyewitnesses. Marked bills from the bank robbed were found in Westover's car. Articles stolen from the victim as well as from several other robbery victims were found in Stewart's home at the outset of the investigation. [^maj-52]: Dealing as we do here with constitutional…