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I can only talk about the Law of England and Wales as I'm an English Police Officer:

Theft Act 1968

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently drive the other of it.

There is no dishonesty if:

  • He believed he had a legal right to take it
  • He believed he had the owner's consent to take it
  • The owner is not known and reasonable steps were taken to find the owner.

The owner can be an individual, shop, club or other organisation.

Appropriation of property is when a person assumes the rights of the owner of the property, treating the property as his own. For example, if a person finds he has taken someone's coat home by mistake, but then decides that he wants to keep the coat without asking the owner, or trying to find the owner, then the offence of theft is complete as the person has appropriated the coat.

Property includes money and all other property, except land, wild mushrooms, flowers and fruit, leaves (but not the plant) unless grown commercially. Wild animals cannot be stolen unless, tamed or gained by hunting.

Property belongs to any person who has possession or control of it, or who has in it any proprietary right or interest. For example, a garage owner repairing a customer's car has invested parts and mechanic's time at his own cost and has control of the car.

Therefore, theft is complete when all the following components are present:
  • Dishonesty
  • Assuming ownership someone else's property (appropriation)
  • Intending to permanently deprive that person of their property.
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14y ago

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