Introduction
Theft is considered one of the most common crimes in various parts of the world, including the USA. South Carolina is one of the states in the USA with the highest level of theft crimes. Recent statistics on theft crime in South Carolina shows that the rate of the crime has tripled since 1960. For instance, in 2014, about 2,433 cases of theft crime were reported in every 100,000 citizens in the state. Theft crime has evolved since the British rule in the USA and during the Common Law era. As a result, the definition and concepts or elements of theft have slightly changed in the modern days. The statute of a theft crime is contained in Chapter 13 of Title 16: Crime and offenses that defines other related crimes such as forgery, cheats, pretense, and embezzlement Goguen, 2017).
The Current Elements of Theft Crime
Theft involves many different types of crimes under South Carolina laws. Theft under South Carolina statute refers to stealing the movable property of another person without the use of significant force. Any person who uses force to steal something is charged with robbery and not theft. Theft, in South Carolina, therefore, is mainly associated with stealing movable personal properties such as furniture, electronics, and animals (Goguen, 2017). People who steal immovable private property such as land are not likely to be charged with theft crime. Also, the statute includes the definition of special larceny charges for a given set of items such as bonds, bicycles, dogs, and livestock. People who are charged with special larceny face penalties that range from 30 days to ten years in prison.
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There are two main types of theft crime under South Carolina theft statute, and they include petty theft and grand theft (South Carolina Legislature, 2017). The kinds of theft are classified based on the type and the value of the property that is stolen. Petty theft refers to less serious thefts crimes where the criminal has not used either force or threat of force while at the same time the value of the property is low. A person is charged with petty theft in South Carolina if he or she steals property valued at $2000 and below. In many cases, petty theft charges as a misdemeanor under the South Carolina laws. As a result, such theft attracts penalties of not more than one year in jail.
Grand theft, on the other hand, occurs when a person is charged with stealing property valued at $2000 and above. However, there are two categories of grand theft. First is the type where a person steals a property valued at more than $2,000 but worth less than $10,000 (South Carolina Legislature, 2017). The second category is stealing property worth more than $10,000. The jail term for the first category is up to 5 years while that of the second category is up to 10 years. However, the fines are determined by the court. Unlike petty theft that has less severe punishments, grand theft is associated with life-changing penalties while at the same time the criminal has to ensure life as a felon even after they have been released from the prison. Therefore, grand theft is treated as a felony in South Carolina and persons charged with such crimes endure heavy punishments that are likely to change their lives. Theft is one of the common crimes in South Carolina, and it is broadly defined to include a variety of stealing offenses.
The Elements of the Crime under Historic Common Law
Theft is a crime that has existed since the time immemorial and was defined under the Common Law that was enacted by the British rulers. According to the historical common law, theft was described as trespasser taking away someone’s tangible personal property with the intention of permanently depriving him or her of the item ( Steel, 2008) . There are three main elements of theft crime under the historical common laws. First, the stolen item must belong to someone other than the accused person or the defendant. Secondly, the tangible physical property must be physically taken away from the owner without the use of force. Thirdly, the stealing must have been done without the authority or consent of the owner. At the same time, the historical common law emphasized that the stolen property must have tangible value.
Theft was one of the most serious crimes under the historical common laws. In many cases, theft attracted heavy penalties, which sometimes included death sentence. Besides, theft was not categorized under the historical common law ( Steel, 2008) . Theft was never categorized as either petty or grand, and it attracted almost similar property regardless of the value of the property stolen. Also, theft under the historical common law emphasized on stealing physical properties and not intangible properties such as service or intellectual property. Hence, there are some differences in the definition of theft in the modern times and during the historical common law era.
How Elements of Theft have changed
There have been significant changes in the elements of theft the historical common law to the current state statute. One of the main changes is the categorization of theft. Theft crime was never categorized as petty or grand under the historical common law. However, the current state statute has grouped theft offenses in two broad categories. The second change is regarding the severity of the punishment. Currently, many theft offenses are treated as a misdemeanor and attract less severe penalties. On the contrary, theft was heavily punished under the historical common laws. Previous, theft was only based on stealing tangible property that belongs to someone else. Nevertheless, the South Carolina statute defines theft as stealing of both tangible and intangible properties such as forgery ( Goguen, 2017) .
According to Goguen (2017), t he changes have been brought by various reasons. Importantly, the need to promote justice in the society made South Carolina to categorize theft to ensure that criminal get punished based on the value of the property stolen. There was a need to differentiate the level of punishment of various theft crimes to ensure that justice prevails in the society. Technology can also be associated with the changes in theft crimes. For instance, people can now use technology to steal intangible property from others. Hence, justice and technology are the main factors that have led to changes in the theft crime in South Carolina.
A suggestion of New Changes
The statute needs to be changed based on the current needs of the modern society. Importantly, the requirement that a person can only be charged with theft offenses if he or she tries to permanently deprive someone else of his property should be changed. Currently, a person can temporarily steal property from someone to achieve the intended objective. For instance, it is possible now for a person to steal a file and transfer it to another storage device like a computer and then returns to the owner. Therefore, the element of permanent deprivation should be changed.
Conclusion
Theft crime was and still one of the most common crimes in the world. Cases of theft are frequent compared to other serious crimes like murder. The categorization of theft crime by South Carolina was necessary because it ensured justices. Besides, some of the changes that have been implemented in the current theft statute are justified due to the societal transformation and emergence of new technologies. The South Carolina theft laws are comprehensive and effective in dealing with the crime.
References
Goguen, D. (2017, May 5). South Carolina Petty Theft and Larceny Laws. Retrieved from https://www.criminaldefenselawyer.com/resources/criminal-defense/crime- penalties/petty-theft-south-carolina-penalties-defense
South Carolina Legislature. (2017). Forgery, Larceny, Embezzlement, False Pretenses, and Cheats. Retrieved from https://www.scstatehouse.gov/code/t16c013.php
Steel, A. (2008). Taking Possession: The defining element of theft. Melbourne University Law Review , 32(1) , 1030.
