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NeCede's

Maxim 7.1.9

The touching of property not one’s own, with an intention to steal, is theft.

Contrectatio rei alienae, animo furandi, est furtum.

Source: Jenk. Cent. 132; Jackson; Weisman, 91c Difficulty 1/5 — Foundational

Explanation

The mere handling of another’s property with intent to steal constitutes theft, even if the property is not carried away — the crime is complete upon the wrongful touching.

Where this applies

  • A shoplifter grabbed merchandise off the shelf with intent to steal — even though they hadn't left the store.
  • Someone picked up my wallet with the intent to keep it — is that theft even though they put it down?

Legal domains

Cite this maxim

NeCede Max. 7.1.9 — The touching of property not one’s own, with an intention to steal, is theft. — Jenk. Cent. 132; Jackson; Weisman, 91c (Contrectatio rei alienae, animo furandi, est furtum.)

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