What is the element of theft?

• A. Unlawful taking of someone else’s property with intent to deprive the owner of it.
• B. Taking property by force or intimidation.
• C. Borrowing property with permission.
• D. Receiving stolen property.

Answer: (A)

The element being tested is what makes an act theft: unlawful taking of someone else’s property with intent to deprive the owner of it. This requires taking property that belongs to another without permission and with the purpose of permanently depriving the owner of it. If force or intimidation is used, the crime becomes robbery because fear or force is involved. Borrowing with permission isn’t theft since the owner consented, and receiving stolen property is a separate offense that involves possession of property known to be stolen, not the act of taking itself.