Also known as:steal · stealing · stole · theft · stolen property
Written by attorneys · grounded in primary & secondary sources — see below
Property acquired through a trespassory taking and carrying away of tangible personal property of another with intent to deprive the owner permanently.
Sources & Authorities· 31 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 Tools
Sydney Santos enters a neighbor's unlocked shed at night and removes a set of power tools. She loads them into her truck and drives away intending never to return them. The tools qualify as stolen because the taking was without consent and accompanied by permanent deprivation intent.
Threat During Store Theft
Sabrina Shah enters a convenience store, grabs several cartons of cigarettes, and brandishes a knife while fleeing. The clerk freezes in fear. The cigarettes become stolen property obtained in the course of a theft involving threat of serious bodily injury.
Bias Cross-Examination Question
Spencer Silver testifies for the prosecution. Defense counsel asks whether he belongs to a group whose rules require members to lie, cheat, or steal for one another. The question is proper because evidence of bias through such membership is always admissible to impeach.
Silverline Industries holds a promissory note that was stolen from its offices. It commences foreclosure but lacks possession. The company must satisfy additional statutory requirements to enforce the instrument as the person entitled to enforce a lost or stolen note.
Fence Accepts Stolen Goods
Steven Silva meets a known thief who delivers a box of electronics taken from a warehouse. Silva pays cash and stores the items intending to resell them. The electronics retain stolen status at receipt, completing the elements of the receipt offense.
Attorney Hides Client Evidence
Stella Shapiro receives cash and a firearm her client admits were taken in a robbery. She places both items in a new safe deposit box without notifying authorities. The items remain stolen property and the attorney's concealment exposes her to liability outside any privilege.
Common questions
Frequently Asked
3
When does property lose its stolen status?+
Property loses stolen status once law enforcement recovers it with the owner's permission and uses it in an undercover operation. At that point a defendant cannot commit the completed offense of receipt though attempt liability may remain.
Supporting sources
Can previously stolen property become the subject of a new larceny?+
Yes. A second thief who takes the property from the first thief commits larceny because the property retains its character as personal property of another.
Supporting sources
Does an attorney's privilege protect concealment of stolen evidence?+
No. The privilege protects communications only. An attorney who removes and conceals physical evidence such as stolen money or a weapon without lawful justification may face criminal liability or sanctions.
Supporting sources
384 U.S. 436 (1966)Evidence
…slavery, 18 U. S. C. §§ 2421-2423 (1964 ed.), bank robbery, 18 U. S. C. § 2113 (1964 ed.), interstate transportation and sale of stolen property, 18 U. S. C. §§ 2311-2317 (1964 ed.), all manner of conspiracies, 18 U. S. C. § 371 (1964 ed.), and violations of civil rights, 18 U. S. C. §§ 241-242 (1964 ed.). See also 18 U. S. C. §…