What is Theft? (Part 1)

   While it might seem obvious what constitutes theft, Iowa has grouped numerous crimes which, in other states, might be their own crime, as alternatives of theft.  Iowa Code §714.1 defines the ten different ways a person can commit theft.  The next several posts will explain these alternatives.

   Iowa Code §714.1(1) is what most people would think of when they think of theft.  This alternative (colloquially referred to as “Theft by Taking”) criminalizes “tak[ing] possession or control of the property of another, or property in the possession of another with the intent to deprive the other thereof.”  This could range from simple shoplifting to stealing a car.  One thing that is important to note here is that, in Iowa, Theft is a general intent crime.  It is not necessary for a person to have intended to steal an item (which is usually most relevant in the context of intoxication).  Further, while intent to deprive is an element, this can be inferred by actions (acting recklessly and resulting in the loss or substantial damage for instance).

   Iowa Code §714.1(2) is Iowa’s embezzlement statute. It criminalizes “misappropriate[ion of] 

property which the person has in trust, or property of another which the person has in the person’s possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner's rights in such property, or conceal[ing] found property, or appropriate[ion of] such property to the person's own use, when the owner of such property is known to the person.”  It is worth noting that property here can extend to things such as money, but would also include, for instance, property being held as collateral for a loan, such as by a pawn shop.

   Tomorrow, we’ll continue explaining theft, but if you’ve been charged with any alternative of theft, you may need the help of an Iowa Criminal Law Attorney, like those found at Van Cleaf & McCormack Law Firm.  You can call today to schedule a free consultation.