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?
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.)
Found an error? Suggest a correction →