Unlawful Taking in Pennsylvania

When a person unlawfully retrieves someone else’s property, it is considered theft by unlawful taking in Pennsylvania. As long as they know what they are doing and the taking of the item or items was for their own benefit (and not to help the victim of the theft in any way) the offender can be charged with the crime. The property itself need not be an item that can be physically moved in order for it to be considered stolen. Also, if a thief takes control over property that is immovable, then they can be brought up on the same type of theft charges.

One example of movable pieces of property that are commonly unlawfully taken in Pennsylvania are vehicles. Let’s say a couple gets into an argument, and the boyfriend decides to leave the house. The only car in the driveway is in his girlfriend’s name (the couple lives together), and he drives the vehicle all the time. In the heat of the moment, he grabs the keys off the counter and heads out the door towards the vehicle. He need not even drive the car out of the driveway in order for this to be considered theft, being that his having the intention of moving the car could be indicated by him simply starting the ignition.

In this situation, though, there are certain variables that could possibly work in the boyfriends’ favor if he is accused. For example, the fact that the couple lives together would signify to a judge that the boyfriend was very likely unaware that he was in the wrong for driving away in the vehicle for a few hours to cool down after the argument. Even if the vehicle is fully in his girlfriend’s name, it could be argued in court that he drives the car on a daily basis, and that his girlfriend reporting it stolen was simply an act that was made out of in-the-moment anger and frustration that stemmed from the argument, a disagreement that had nothing to do with the car itself.

Theft by unlawful taking or disposition in Pennsylvania has to be purposeful on the part of the offender, and the thief has to have had the intention of depriving the owner of possession of the property. Examples of immovable property would be a contract that the thief is trying to unlawfully gain control over, or if someone is illegally withholding another’s property for issues such as past due payment.