In common use, the crime of theft is the taking of property or services belonging to another person without their permission or consent with the intention of depriving the rightful owner of it. The word is also used as an informal shortened term for some property crimes, such as robbery, embezzlement, looting, shoplifting, library robbery, and fraud (i.e., obtaining money under false pretenses). In some jurisdictions, the crime of theft is considered synonymous with robbery; in others, the crime of theft has come to replace robbery. Someone who carries out an act or makes a career of theft is known as a thief.
The crime of larceny is the name of a legal tort in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland and certain states of the Australian mainland such as South Australia and Victoria.
The crime of theft or act of theft is generally defined as an unauthorized taking, maintenance or use of the property of another person that must be accompanied by a mens rea (Latin term widely used in legal matters that means "guilty mind") of dishonesty and / or the intention to permanently deprive the owner or the person of the legitimate possession of that property or its use.
For example, if a person "A" goes to a restaurant and mistakenly takes a person's "B" handkerchief instead of his own, he has physically deprived "B" of the use of the property (which is the actus reus), but the error prevents person “A” from forming the mens rea (that is, because she believes that she is the owner, she is not dishonest and does not intend to deprive the “owner” of her) so she does not know has committed any crime at this time. But if you realize the mistake when you get home and could return the tissue to person “B”, you will steal the tissue if you keep it dishonestly (see theft when you find it). Taking into account that there may be civil liability for the grievances of transfer to personal property or conversion in any case.
