For the purpose of this section, the term “wrongfully obtains or uses” means: (1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false token, tampering, or deception. Consecutive sentences for theft and certain other crimes, availability, see § 22-3203.
The term “wrongfully obtains or uses” includes conduct previously known as larceny, larceny by trick, larceny by trust, embezzlement, and false pretenses. Enhanced penalty for crimes committed against senior citizen victims, see § 22-3601. Medicaid Provider Fraud Prevention Act, penalties for violation, see § 4-802.
In cases in which the theft of property is in the form of services, proof that a person obtained services that he or she knew or had reason to believe were available to him or her only for compensation and that he or she departed from the place where the services were obtained knowing or having reason to believe that no payment had been made for the services rendered in circumstances where payment is ordinarily made immediately upon the rendering of the services or prior to departure from the place where the services are obtained, shall be prima facie evidence that the person had committed the offense of theft. Merchant’s civil recovery for criminal conduct, fraud, theft and shoplifting defined, see § 27-101.
This section is referenced in § 22-3202, § 22-3212, § 23-546, § 23-581, § 27-101, and § 50-1403.02.
Where a motor vehicle is stolen, Section 333.1 provides for a maximum punishment of 10 years for an indictable offence (and a minimum sentence of six months for a third or subsequent conviction), and a maximum sentence of 18 months on summary conviction.
Article 2 of the Theft Ordinance provides the general definition of theft in Hong Kong: (1) A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and thief and steal shall be construed accordingly.
But if she realises the mistake when she gets home and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it (see theft by finding).
For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e., because she believes that she is the owner, she is not dishonest and does not intend to deprive the "owner" of it) so no crime has been committed at this point.
Average property crime and larceny rates continued to fall in the states that raised their thresholds between 20.
When comparing the 28 states that raised their felony theft thresholds between 20 with the 22 that did not, property crime rate declines were virtually identical, while larceny rates fell slightly more in the former group, although the difference was not statistically significant.
(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.1.-(1) A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.
Sections 2 to 6 of the Theft Act 1968 have effect as regards the interpretation and operation of section 1 of that Act.