THEFT

Larceny: The unlawful taking and carrying away of someone else property with the intent to permanently deprive the owner of
it.

Theft- the act of taking someone else property without permission and with the intent to deprive the owner of it permanently.

Article 308 of the RPC defines theft as that which is committed by any person, who with intent to gain...

Elements of the crime of theft: (1) there was taking of personal property; (2) the property belongs to another; (3) the taking was
the without the consent of the owner; (4) the taking was with the intent to gain; (5) the taking was done without violence or
intimidation against persons, or force upon things.

The lifetime prevalence of stealing appears fairly high.

 A recent large epidemiological study of adults found that 11.3% of the general population admitted to having shoplifted in
their lifetimes.
 This finding is consistent with estimates by the National Association of Shoplifting Prevention that 1 in 11 (9.1%) people
have shoplifted during their lifetime.
 Stealing in adults has been associated with other antisocial behaviors, psychiatric comorbidity (e.g., substance use
disorders, pathological gambling, and bipolar disorder), and impaired psycho-social functioning.
 Stealing appears to start generally in childhood or adolescence, with approximately 66% of individuals who reported
lifetime stealing beginning before age 15 years.

Kleptomania is a mental health disorder characterized by recurrent, irresistible urges to steal items that are not needed for
personal use or for their monetary value. It is a rare condition and is considered a type of impulse control disorder. It is
different from ordinary theft or shoplifting, which are typically motivated by a need or desire for the stolen items.

Grand Theft vs Petty Theft

Petty theft, as you might have guessed, reflects minor theft crimes. A statute might define petty theft as stealing property worth
less than $500. Petty theft is a minor theft, often involving small items or low monetary value.

Grand theft, on the other hand, generally involves more valuable property. For instance, laws in many states consider a theft to
be grand theft when:

 the property taken is worth more than a minimum amount (perhaps $1,000 or more)
 the defendant takes the property directly from a person but by means other than force or fear (If force or fear were used,
the crime would be robbery), or
 a particular type of property is stolen (such as a car, firearm, or animal, regardless of its actual market value).

Different types of theft :

 1. Burglary: The unlawful entry into a building with the intent to commit theft or another crime.
 1. Robbery: The act of taking property from a person or location by force, threat, or intimidation.
 2. Shoplifting: The theft of goods from a retail store.
 3. Embezzlement: The fraudulent appropriation of property by a person entrusted with it, typically in a position of
responsibility.
 4. Identity theft: The fraudulent acquisition and use of a person's private identifying information, usually for financial gain.

Tolerated theft

- is a term sometimes used to describe situations where theft is overlooked, excused, or accepted by a group, community, or
society. This concept can be seen in various contexts:

 1. Petty Theft: In some communities or social groups, certain forms of petty theft, such as taking small items from a
workplace or borrowing without permission, may be tolerated or even seen as normal behavior.
 2. Survival Theft: In situations of extreme poverty or need, theft for survival purposes may be tolerated or understood as a
means of obtaining necessary resources.

Penalty duration:

-Petty theft convictions will fall under a state’s misdemeanor laws, which typically carry a maximum penalty of up to one year
in jail

-if the value of the stolen item is over Php 22,000, the base penalty is reclusion temporal, which ranges from 12 years and 1
day to 20 years

There are several reasons why people may commit theft:

 1. Financial Need
 2. Psychological Factors
 3. Peer Pressure
 4. Addiction
 5. Lack
 of Moral Development
 6. Rebellion or Thrill-Seeking
 7. Need for Power or Control
 8. Cultural or Social Norms

Sociological Theories

1. Strain Theory: This theory, developed by Robert Merton, suggests that people engage in deviant behavior, including theft,
when they are unable to achieve socially approved goals through legitimate means. .

2. Social Learning Theory: This theory, proposed by Albert Bandura, emphasizes the role of observation and imitation in
learning behavior.

3. Social Control Theory: According to this theory, developed by Travis Hirschi, people are less likely to engage in deviant
behavior, such as theft, when they have strong social bonds and attachments.

4. Labeling Theory: This theory suggests that individuals may engage in theft after being labeled as deviant by society. .

5. Routine Activities Theory: This theory, developed by Lawrence E. Cohen and Marcus Felson, argues that crime, including
theft, is more likely to occur when three elements converge: a motivated offender, a suitable target, and the absence of a
capable guardian.

6. Conflict Theory: This perspective, rooted in the work of Karl Marx, emphasizes the role of power and inequality in society.

Reference:

Theft in Law | Definition, Punishment & Examples - Lesson - Study.com

Theft | Definition, Penalties & Types
Theft Definition & Meaning
Merriam-Webster
https://www.merriam-webster.com › dictionary › theft
Larceny Study.com
https://study.com › academy › lesson › sociological-the...
The meaning of crime: 4.6 Agency explanations: rational choice theory
open.edu
https://www.open.edu › sociology › content-section-4
The Sociological Perspectives on Burglary and Robbery
tibbslaw.com
https://tibbslaw.com › 2023/05/11 › the-sociological-pe...
Sociological Theories of Crime | Definition, Types & Chart
Definition
FindLaw
https://www.findlaw.com › ... › Criminal Charges
Kleptomania - Symptoms and causes - Mayo Clinic

Prepared by: Saleha Utto