Legal Definitions - furandi animus

Furandi animus is a Latin legal term that translates to the intent to steal. It refers to the specific mental state of a person who takes property belonging to another with the deliberate purpose of permanently depriving the owner of that property. This intent is a crucial element that prosecutors must prove in many theft-related crimes, distinguishing an accidental taking or a temporary borrowing from an actual act of theft.

Here are some examples to illustrate this concept:

• Example 1: Shoplifting with Intent

  A customer enters an electronics store, carefully removes a small, expensive gadget from its display, places it inside their jacket, and attempts to walk out without paying. The store security stops them at the exit.

  Explanation: The customer's actions—selecting the item, concealing it, and trying to leave without payment—demonstrate a clear furandi animus. They had the specific intent to steal the gadget and permanently deprive the store of its property.

• Example 2: Borrowing vs. Stealing

  A college student takes their roommate's bicycle without asking, intending to use it for a quick trip to the library and then return it within the hour. The roommate reports the bike stolen.

  Explanation: While taking the bike without permission is unauthorized, if the student genuinely intended to return it promptly, they might lack the furandi animus necessary for theft. The key distinction is the intent to *permanently* deprive the owner. If, however, the student took the bike intending to sell it or keep it indefinitely, then furandi animus would be present.

• Example 3: Accidental Taking

  At a busy coffee shop, a person mistakenly picks up a laptop bag that looks identical to their own, only realizing their error when they get home and find different contents inside.

  Explanation: In this situation, the person did not have furandi animus. They acted under a genuine mistake of fact and did not intend to steal the bag. Their actions were accidental, not driven by an intent to permanently deprive the true owner. If, upon realizing the mistake, they decided to keep the bag because it contained valuable items, then furandi animus would be formed at that point.