Can Someone Be Charged for Attempted Theft if Nothing Was Actually Stolen?

Yes, someone can be charged with attempted theft even if nothing was actually stolen. Attempted theft is a criminal offense, and the law does not require the actual taking of property. What matters is that the person had the intent to steal and took substantial steps toward committing the crime.

How Attempted Theft Works Legally:

Key Elements of Attempted Theft:

Intent (Mens Rea): The person must have had a clear intent to steal. This is often demonstrated by the individual’s actions, such as trying to take or conceal property with the purpose of keeping it permanently.

Substantial Step (Actus Reus): There must be a substantial step toward the commission of theft. This means the person must have engaged in actions that show they were close to completing the theft. For example, taking an item off a shelf and placing it in a bag, or trying to break into a car, even if they do not succeed.

Failure to Complete the Theft: The key difference between theft and attempted theft is that the crime is not completed. Even if the person never actually steals the property, their actions in attempting the crime can still lead to an attempted theft charge.

What Constitutes a Substantial Step?

The law requires that the actions taken must be significant enough to show the person was serious about committing theft. Mere preparation, such as looking around a store or browsing the shelves, would not qualify.

A substantial step could include:

• Entering a building or car with the intent to steal
• Taking property and hiding it in a bag or pocket
• Trying to break into a locked vehicle or home
• Attempting to remove items from a store but being caught before leaving

Examples of Attempted Theft:

Example 1: A person is caught in a store trying to hide merchandise in a bag with the intent to leave without paying. Even if the person is stopped before leaving the store, they could be charged with attempted theft.

Example 2: A person is seen attempting to break into a car with the intent to steal it but is interrupted by the car alarm or a bystander. Although the car was not stolen, the person may be charged with attempted theft or attempted vehicle theft.

Defenses to Attempted Theft:

Abandonment or Withdrawal: If the person voluntarily and completely abandons the crime before it is completed, they may have a defense to attempted theft. For example, if a person decided to return the stolen items before leaving the store, they might avoid a conviction for attempted theft.

Mistake or Lack of Intent: If the individual can prove that they did not have the intent to steal or that their actions were mistaken (e.g., they mistakenly took someone else's item thinking it was theirs), they might avoid a conviction.

Conclusion:

It is possible for someone to be charged with attempted theft even if the theft itself is not completed. The key elements are the intent to steal and taking a substantial step toward committing the crime. The law treats attempted theft seriously and provides penalties for individuals who take significant actions towards committing theft, regardless of whether or not the theft is completed.