Theft is best classified as which type of offense?

• A. Mala in se
• B. Mala prohibita
• C. Corpus delicti
• D. Actus reus

Answer: (A)

The idea being tested is how crimes are categorized by whether they are morally wrong in themselves versus merely illegal by statute. Theft is mala in se because it involves taking someone else’s property with the intent to permanently deprive them, an inherently wrongful act that society typically condemns as criminal regardless of specific statutes. This contrasts with mala prohibita, which covers offenses that are wrong only because the law says so, often regulatory in nature. Corpus delicti refers to the essential facts proving that a crime occurred, not how the offense is classified. Actus reus is about the actual guilty act itself, not its moral classification. So theft is best described as mala in se.