1903. The Common Opinion on Domestic Thefts and Grave Matter.—(a) In theft from one’s parents about double the usual quantity is required. But in an individual case the parents may be just as unwilling, and with good reason, to be despoiled by members of the family as by outsiders, and in such a case the rule would not apply. Hence, in considering thefts by children one must bear in mind the ability of the family to suffer the loss, the number of the children, the uses to which the stolen goods are put, the liberality or thrift of the parents, the affection or dislike which the parents have for the child who steals, etc. Thus, if poor parents are denying themselves in every way in order to rear and educate a large family, thefts from them are a serious matter.
(b) In theft from one’s husband even a greater amount is required. But there are exceptions, as when the husband is especially unwilling to have his property stolen by his wife, for example, when the money she takes is devoted, not to the benefit of the family or other useful purposes, but to vanity or sin, or to the great detriment of the husband or family (see 1799).
1904. Theft from One’s Wife or Minor Child.—(a) According to the law in the United States, a wife cannot steal from her husband nor the husband from the wife, but this principle has reference to the common property of which husband and wife are joint tenants (Robinson, _Elementary Law_, Sec. 563). Both husband and wife may have also their own separate property, and in that case either of them is guilty of injustice if he or she damages or takes without leave the goods of the other.
(b) According to American law, the father has the right to the earnings of his minor children who live with him and receive their maintenance from him; but the law gives the father no right over the separate real or personal estate of these children. Hence, a parent would be guilty of theft if he unlawfully took or used the individual property of his child.
1905. The Common Opinion on Thefts Committed by Employees.—(a) If the things stolen are small articles which the employer customarily supplies for his help (e.g., food and drink for domestic servants, pencils and paper for his clerks), the theft is not serious as a rule. But there are exceptions, as when the employee gives or sells to others these articles, or when he uses or wastes them to such a degree that the employer suffers a considerable loss. And one should also consider such circumstances as the great or small value of the services given by the employee, his good or bad standing with the employer, etc.
(b) If the thing stolen is not meant for consumption (e.g., furnishings of the home or office, merchandise of the store, tools or machinery of the factory) or is of a very precious kind (e.g., rare wines or expensive brands of tobacco), grave matter is of the same amount as when an outside person does the stealing. In fact, the guilt of the employee is more serious on account of his abuse of confidence or violation of contract. The property of employers would be subject to constant risk, if employees were permitted greater liberties than outsiders.
1906. Theft of Things about Whose Loss the Owner Is Less Concerned.—(a) Vegetation that Belongs to the Public and Is Left Unprotected.—If these things are of minor importance (e.g., wild fruits or berries, broken twigs, branches, etc., in public lands), it seems that it is not theft to take them, at least when one is poor and a member of the community; for laws against such acts are generally regarded as penal. But one sins, and may even sin gravely, when extensive damage is done to public property (e.g., by cutting down trees, carrying away flowers and plants, injuring shrubs, etc.).
(b) Vegetation that Belongs to Private Parties and Is Left Unprotected.—If only a small quantity is taken (e.g., an apple or a bunch of grapes hanging over a public highway taken by a passerby), it seems no theft is done, unless the owner or law expressly forbids. But it seems to be a venial sin to take more (e.g., as much as a hungry person can eat), and a mortal sin to take a quantity whose market value is equal to grave matter.
1907. Travelling Without Paying Fare.—Is it theft to ride in public conveyances without paying the fare?
(a) If one rides without payment or ticket, it seems that theft is committed, unless the company is willing to give a free ride. It may be said that the company suffers no loss on account of one passenger who has not paid for his transportation, since the same number of cars and the same expenses would be required even without that passenger. But since the owners are unwilling to furnish their service gratis, he who takes it without pay is guilty of theft.