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Furtum: A Comprehensive Guide to the Legal Definition of Theft
Definition & Meaning
Furtum is a legal term derived from Latin, meaning theft. It specifically refers to the act of unlawfully taking someone else's movable property with the intent to permanently deprive the owner of it. In the context of Roman law, furtum was categorized as a quasi-delict, which is a wrongful act that causes harm due to negligence. The concept of furtum encompasses not just the act of taking property but also any manipulation or handling of that property done with the intention of benefiting from it. Importantly, the individual committing furtum does not need to know the owner of the property for the act to be considered theft.
Table of content
Legal Use & context
Furtum is primarily relevant in criminal law, where it serves as a basis for prosecuting theft-related offenses. It can also be applicable in civil law when addressing disputes over property ownership and recovery. Legal templates and forms related to theft, recovery of property, and creditor-debtor relationships can be found through resources like US Legal Forms, which can help users navigate these situations more effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
A person takes a bicycle from a public area without the owner's permission, intending to keep it for themselves.
A debtor steals a piece of equipment they had previously given as collateral to a creditor (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Definition of Theft
Penalties
California
Defined as the unlawful taking of someone else's property.
Can range from fines to imprisonment, depending on the value of the property.
Texas
Includes theft of property, services, or trade secrets.
Penalties vary based on the value of the stolen property, from misdemeanors to felonies.
New York
Classified into different degrees based on the value of stolen property.
Penalties can include fines and jail time, increasing with the value of the theft.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Key Differences
Furtum
Theft of movable property.
Focuses on intent and handling of property.
Burglary
Entering a building unlawfully with intent to commit a crime.
Involves unlawful entry, not just taking property.
Robbery
Taking property from a person using force or intimidation.
Involves direct confrontation and threat to a person.
Common misunderstandings
What to do if this term applies to you
If you believe you are a victim of theft, document the incident thoroughly and report it to local law enforcement. If you are accused of theft, consider seeking legal advice to understand your rights and options. You can also explore US Legal Forms for templates that may assist you in addressing theft-related issues.
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