Also known as: furta · furti · furto · furtae · theft · Roman theft
Written by attorneys · grounded in primary & secondary sources — see below
An offense under Roman law consisting of the taking or handling of another's movable property with intent to profit from it. The conduct constitutes both a private delict and a basis for multiple damages when discovered through formal search.
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Francisco Frost boarded a docked cargo vessel and disabled security seals on containers of electronics owned by Ash Naval. He carried one container away intending permanent deprivation. The conduct satisfied the elements of common-law larceny because the taking was trespassory and accompanied by intent to deprive the owner permanently.
Faith Fitzgerald approached a pedestrian and threatened immediate serious bodily injury while removing the victim's wallet. The threat occurred in the course of the taking. Robbery liability attached because the underlying theft was accomplished through the prohibited conduct.
Flora Ford lost possession of a negotiable note through theft. She sought to enforce the obligation under the applicable statute. The loss by theft required her to satisfy additional proof requirements before proceeding with foreclosure.
Faye Fuller stole an automobile valued over five hundred dollars. The property taken was a motor-propelled vehicle. The offense therefore qualified as a felony of the third degree under the grading provision.
Frank Fisher faced prosecution for stealing three golf clubs. The charge carried a potential sentence of twenty-five years to life under a recidivist statute. The defendant demanded a jury trial on the underlying theft allegations.
Fiona Foster was charged with multiple counts of theft. She expressed a desire to represent herself at trial. The court was required to determine whether the waiver of counsel was knowing and voluntary.
Furtum covers not only the physical taking of movable property but any handling done with intent to profit by it. The offense is a private delict prosecuted by the victim rather than the state.
Supporting sources
Furtum manifestum is an open theft discovered through a formal search with witnesses. The possessor becomes liable for triple the value of the property and may sue the actual thief for the same multiple.
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Furtum conceptum occurs when a person is found in possession of stolen goods after a witnessed search. The possessor must pay the owner three times the value and may then recover triple damages from the thief.
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…of actual malice); Porter v. Guam Publications, Inc. , 475 F. 2d 744, 745 (CA9 1973) (article concerning citizen's arrest for theft of a cash box considered an event of general or public interest); Cervantes v. Time, Inc. , 464 F. 2d 986, 991 (CA8 1972) (article concerning mayor and alleged organized crime connections…