Theft

Theft, derived from the Old English word *þeofð* (related to "thief"), involves taking someone else’s property or services without that person’s permission or consent, with the aim of permanently depriving the owner of it. The term is also used loosely to refer to other property crimes like larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen goods. In certain legal systems, theft is considered the same as larceny, while in others it has a more specific meaning. Someone who commits theft is called a thief.

The physical act of theft—known as *actus reus*—is typically an unauthorized taking, keeping, or using of another’s property. This must be paired with a guilty mind (*mens rea*), which includes dishonesty and the intention to permanently deprive the owner of the property or its use. For instance, if a person accidentally takes someone else’s scarf at a restaurant, they have physically deprived the owner of it, but because the mistake means they lack dishonesty and intent, no crime occurs at that moment. However, if they later realize the error and keep the scarf dishonestly, they may be guilty of theft by finding. Civil liability for trespass to chattels or conversion could still apply in either case.

People steal for various economic and non-economic reasons. Acts of theft can stem from anger, grief, depression, anxiety, compulsion, boredom, a desire for power or control, low self-esteem, a sense of entitlement, peer pressure, or rebellion. Theft at work may be driven by greed, perceived financial need, drug addiction, revenge for workplace issues, rationalization that the act is not stealing, opportunistic temptation, or similar emotional factors. Thinkers like Grotius and Pufendorf argued that someone in extreme, unavoidable need who takes from a property holder’s surplus should not be guilty of theft. Shoplifting commonly occurs due to organized rings, opportunistic theft, compulsive behavior, thrill-seeking, or need. Studies on teenage shoplifting point to novelty, peer pressure, obtaining age-restricted goods, economic reasons, self-indulgence, and rebellion against parents. Historically, Romani people in Europe were forced into theft for survival when craft guilds restricted their traditional trades like metalworking and basket-making, leading to begging, pickpocketing, and stealing—reinforcing stereotypes that had followed them since their arrival.

In Buddhism, one of the five precepts prohibits theft, which includes the intention to take what is not given and acting on that intention successfully. The severity depends on the worth of the owner and the stolen item. Underhand dealings, fraud, cheating, and forgery also violate this precept, as do professions like gambling or marketing unnecessary products. Hinduism’s Manusmriti and Dharmashastras address theft, coveting wealth, and their punishments. In regions governed by sharia law, the punishment for theft—if the thief does not repent—is amputation of the right hand, based on Quran 5:38, which is seen as a deterrent. In Judaism and Christianity, two of the Ten Commandments forbid theft and coveting, and Jesus reaffirmed these in the New Testament.

In South Australia, theft is defined under section 134 of the Criminal Consolidation Act 1935 as dealing with property dishonestly, without the owner’s consent, and intending to deprive the owner of it or make a serious encroachment on their proprietary rights. Encroachment means dealing with property in a way that creates a substantial risk it won’t be returned, or that its value will be greatly diminished when returned, or treating it as one’s own to dispose of. A basic offence carries up to 10 years’ imprisonment, and an aggravated offence up to 15 years. In Victoria, theft is defined in the Crimes Act 1958 as when a person dishonestly appropriates property.