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Theft (also known as stealing) is, in general, the wrongful taking of someone else's property without that person's willful consent. In law, it is usually the broadest term for a crime against property. It is a general term that encompasses offences such as burglary, embezzlement, larceny, looting, robbery,intruding, fraud (theft by deception), and sometimes criminal conversion. Legally, theft is generally considered to be synonymous with larceny.
In the common law, theft is usually defined as the unauthorised taking or use of someone else's property with the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
As with other common law crimes, it is composed of two elements, the actus reus — the unauthorized taking or use — and the intent to deprive — the mens rea. Thus if one goes to a restaurant and by accident one takes someone else's hat or scarf instead of one's own hat or scarf, one has deprived someone of the use of their property and has taken the other person's property in an unauthorized manner, but without the intent to deprive the person (hum, this is a much nicer scarf than mine or he'll never notice the spot on the hat until he gets home) there is no criminal act (actus reus) and thus no crime. Note that there may be civil liability, by depriving someone of their property you may be liable for damages in a civil court, but without proof of your intent to deprive, no criminal act has occurred. In other words there must be an element of dishonesty which may be revealed from the words or actions of the perpetrator.
Governments define "theft," legally, in various ways. For example, in England and Wales, the "Theft Act" of 1968 defines it as: "...the dishonest appropriation of property belonging to another with the intention of permanently depriving the other (the owner or person in lawful possession) of it."
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