International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

What intention must a person have to be prosecuted for theft?

1. To borrow someone’s property

2. To return the property later

3. To deprive the owner of its value or use

4. To temporarily move the property

The correct answer is: To deprive the owner of its value or use

To be prosecuted for theft, a person must have the intention to deprive the owner of the property’s value or use. This intention, often referred to as "mens rea," is a critical component in establishing guilt in theft cases. The essence of theft involves the unlawful taking of someone else's property with the intent to permanently or temporarily deprive the owner of their rights to that property. This intent encompasses not only outright stealing but also actions where the perpetrator may mean to keep or control the property at the owner's expense. For instance, if someone takes another's property with plans to use it for themselves, regardless of whether they intend to return it or not, they fulfill the requirement for theft. Other options imply varying intentions that do not meet the legal criteria for theft. Merely borrowing or planning to return property suggests a lack of the necessary intent to deprive the owner, while temporarily moving property does not equate to theft unless there is the intent to permanently deny the owner access to it. Thus, the prosecution rests on establishing that the accused acted with the intent to deprive the owner of the property’s value or use.