What constitutes “theft” in legal terms?

The definition of theft in legal terms primarily revolves around the unlawful taking or appropriation of someone else's property without their consent. This means that to prove theft has occurred, it must be demonstrated that an individual took property that belonged to another person with the intent to permanently deprive the owner of it.

Taking property without consent is fundamental to understanding theft, as it emphasizes the absence of permission from the rightful owner, which is a key component of the crime. Additionally, the intent to keep or use the property without returning it highlights the nature of the offense as being not just a physical act but also one that involves intent.

The other options do not align with the legal definition of theft. For instance, returning stolen property does not constitute theft; instead, it is rectifying a wrongful act. Borrowing an item without permission may fall into a gray area but typically does not rise to the level of theft unless there is an intent to permanently deprive the owner of the item. Substituting a fake item for a real one could potentially fall under fraud or other offenses but not theft in its traditional sense, as it implies deception rather than the direct appropriation of someone else's property.