Various Categories of Theft under Common Law

At common law, the simple concept of theft can be divided into different categories. One relevant distinction is a change in actual possession (instead of ownership). Another distinction is the presence of violence.

1. Larceny (victim loses possession unwillingly, no violence)

A larceny is a common form of theft that involves unlawfully taking someone's personal property (not real property) with an intent to permanently deprive them of it. Unlike other forms of theft, larceny does not require direct confrontation or a threat to the victim.

2. Robbery (victim loses possession unwillingly, with violence)

Robbery is a more aggressive form of theft that involves taking someone's property through force, intimidation, or threat. Unlike larceny, robbery involves a direct confrontation between the perpetrator and the victim, creating an added layer of danger and fear.

3. Fraud (victim voluntarily surrenders possession)

Fraud involves using deceit, lies, or misrepresentation to obtain someone's money, property or services. This can occur through various means, such as identity theft, credit card fraud, or investment scams. Fraudulent activities often exploit trust and manipulate victims into willingly giving up their assets.

4. Embezzlement (no change in possession; distinguished by the existence of a trust relationship between the perpetrator and the victim)

Embezzlement occurs when a person misappropriates funds or property entrusted to them by someone such as an employer. This often involves someone in a position of trust diverting these assets for personal gain, leading to financial losses for the government or a private entity.

5. Burglary (change in possession, no violence, with trespass)

Burglary involves unlawfully entering a building, structure, or dwelling with the intent to commit theft, vandalism, or another crime inside. Unlike robbery, burglary does not require direct interaction with the victim during the theft itself. If a confrontation happens during the course of a burglary, an additional charge of robbery may be added.

6. Identity Theft (basically a kind of fraud)

Identity theft involves stealing another person's personal information to commit various fraudulent activities. Such as making unauthorized transactions, opening accounts, or even committing crimes under the stolen identity.

7. Shoplifting (basically a form of larceny)

Shoplifting is when someone takes things from a store without paying for them. It's also considered shoplifting if someone changes the price tags on items to pay less money.

8. Receiving a Stolen Item (basically aiding and abetting theft)

This type of theft involves obtaining or concealing stolen items. If a person intentionally or knowingly takes or keeps stolen items, he or she could be charged with theft.

9. Extortion (similar to robbery)

Extortion happens when one person threatens another person and makes them give money, property or services to avoid the threat being carried out.

10. Blackmail (similar to extortion)

The difference between extortion and blackmail is that the threat in extortion is a crime such as bodily harm or property damage while the threat in blackmail is carrying out an action that is legal, such as revealing information that is detrimental to the victim (especially informing the authorities about information that incriminates the victim).

The justification of criminalizing blackmail is complex because the threat is often an action that would not be illegal if done unconditionally. Where the threat is to reveal a crime unless the blackmailer is paid, the revealing of the crime is not by itself illegal. It is the pairing of non-revelation with a demand for payment that constitutes a crime. The reasoning is that non-revelation is socially unacceptable (even though not a crime) and this characteristic taints the proceeds that the blackmailer seeks to obtain. Another way to think about it is unjust enrichment. There is no blackmail if the payment is indemnification for actual out of pocket costs incurred by the party making the demand. However, it is the excess “profit” part, if any, that must be justified. It won’t be justifiable if the threat is to refrain from doing something that the blackmailer ought to do as a matter of social norms. Finally, blackmail is similar to corruption: it is seeking to profit from one’s discretion. If the blackmailer wields discretion as an agent of another, such as a government official making discretionary decisions, the proceeds flowing therefrom should go to the principal not the agent.

In Canada, the Criminal Code clarifies a threat to initiate civil proceedings is not deemed a threat constituting the crime of blackmail (conversely, a threat to report to the police would be so deemed).

11. Service Theft (basically a kind of fraud)

Service theft is when someone steals services, like not paying for internet service or home repairs. Engaging in such actions could lead to charges for this specific type of theft.

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