Furtum rei is a term from Roman law that translates to "theft of a thing." It refers to the act of stealing property that does not belong to the thief. This type of theft involves dishonestly taking someone else's belongings without permission or legal right.
The concept of furtum rei is primarily used in criminal law, where it defines ordinary theft. It is relevant in cases involving property crimes, where the focus is on the unlawful taking of someone else's property. Individuals facing theft charges may need to navigate legal procedures or utilize legal templates, such as those available through US Legal Forms, to manage their cases effectively.
Here are a couple of examples of abatement:
Example 1: A person enters a store and takes a product without paying for it. This act is considered furtum rei because the individual is unlawfully taking something that does not belong to them.
Example 2: A tenant who takes the landlord's appliances without permission after moving out is committing furtum rei. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Definition/Statute | Penalties |
|---|---|---|
| California | Defined under Penal Code § 484. | Possible jail time and fines. |
| Texas | Defined under Penal Code § 31.03. | Penalties vary based on the value of the property stolen. |
| New York | Defined under Penal Law § 155.25. | Class A misdemeanor penalties apply. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Burglary | Entering a building unlawfully with intent to commit a crime. | Involves breaking and entering, whereas furtum rei focuses solely on the act of theft. |
| Larceny | The unlawful taking of someone else's property with intent to permanently deprive them of it. | Larceny is often synonymous with furtum rei but may include additional elements in some jurisdictions. |
If you are facing theft charges or believe you are a victim of theft, it is important to understand your rights and options. Consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Penalties | Varies by state; can include fines and imprisonment. |
| Jurisdiction | State and federal laws apply. |
| Common Defenses | Claim of right, lack of intent, or mistaken identity. |
Theft involves taking someone else's property without permission, while burglary involves entering a property unlawfully with the intent to commit a crime.