Shocking Examples of Theft by Unlawful Taking in PA (You Won’t Believe #4!)

If you’re wondering what theft by unlawful taking means in Pennsylvania, it’s exactly what it sounds like—taking something that doesn’t belong to you without permission. Whether it’s shoplifting, borrowing a car without consent, or removing cash from an employer’s register, all of these are examples of theft by unlawful taking in Pennsylvania. As a lawyer, I’ve helped many clients understand the complexities of these charges, and in this article, I’ll walk you through the details, share real-life examples, and offer guidance on what to do if you’re facing charges.

What Is Theft by Unlawful Taking in Pennsylvania?

Under Pennsylvania law, theft by unlawful taking is defined in 18 Pa. C.S. § 3921. It involves taking property, either movable (like a car) or immovable (like real estate), without the owner’s consent and with the intent to deprive them of it.

Think of theft as the umbrella term, with theft by unlawful taking being one specific type. For instance, moving someone’s property without their permission—even for a short period—can qualify, depending on the intent.

Types of Theft by Unlawful Taking

Movable Property

This is the most common form of theft by unlawful taking. If you take something tangible, like a purse, jewelry, or electronics, it qualifies as theft of movable property.

Example:
A client once told me how they picked up a co-worker’s laptop at a coffee shop, thinking it was theirs. They walked out, realized their mistake, and returned it. However, the co-worker reported the incident as theft. The intent to deprive was not present here, so we were able to resolve the case quickly.

Immovable Property

This less common type involves unlawfully transferring ownership of real estate or another immovable asset.

Example:
Imagine forging a deed to take ownership of someone’s property. Even if you don’t move into the house, this is theft under Pennsylvania law.

Real-Life Examples of Theft by Unlawful Taking in Pennsylvania

To paint a clearer picture, here are some everyday scenarios that lead to charges:

1. Shoplifting Gone Wrong

A teenager grabs a shirt from a store, thinking they’ll get away unnoticed. Even if the item is worth $20, it’s still theft.

2. Borrowing Without Permission

A neighbor takes your lawnmower, claiming they’ll return it “soon,” but you never see it again. That’s theft by unlawful taking.

3. Workplace Theft

An employee takes cash from the register, intending to pay it back later. Unfortunately, that intent rarely holds up in court.

4. Using a Friend’s Car Without Consent

Even if you planned to return it, using someone’s car without their permission could land you in hot water.

5. Utilities Theft

Tapping into a neighbor’s cable or electricity without paying is another example. It’s not just sneaky—it’s a crime.