Statutory Theft as a Cause of Action in Connecticut

Statutory theft, under Connecticut General Statutes § 52-564, allows a plaintiff to recover treble (triple) damages when a defendant intentionally and wrongfully takes property belonging to the plaintiff. This cause of action is closely related to common-law conversion but requires proof of intent to permanently deprive the plaintiff of the property.

In Mystic Color Lab, Inc. v. Auctions Worldwide, LLC, the Connecticut Supreme Court emphasized a key requirement shared by both common-law conversion and statutory theft:

“In order to prevail on a claim for common-law conversion or a claim for statutory (§ 52-564) theft, the plaintiff must show, inter alia, that the property that the defendant allegedly converted or stole belonged to the plaintiff.”

Ownership as a Central Element

The cornerstone of both conversion and statutory theft claims is the plaintiff’s ability to establish ownership or a superior right to possession of the property. It is insufficient for the plaintiff to allege wrongful conduct without first demonstrating that the property at issue was theirs. This element ensures that the plaintiff’s claim is grounded in an enforceable property right.

Proof of ownership can come in many forms, such as legal title, possession, or other evidence demonstrating the plaintiff’s right to the property. Without clear evidence of ownership, the claim will fail, regardless of the defendant’s actions or intent.

Distinction Between Statutory Theft and Conversion

While conversion may arise from unauthorized control of property without requiring intent, statutory theft requires intentional and deliberate conduct aimed at depriving the plaintiff of their property. However, in both types of claims, ownership remains a threshold requirement. The holding in Mystic Color Lab, Inc. reinforces this fundamental principle and provides a clear framework for analyzing statutory theft cases.

Find the Law

“In order to prevail on a claim for common-law conversion or a claim for statutory (§ 52-564) theft, the plaintiff must show, inter alia, that the property that the defendant allegedly converted or stole belonged to the plaintiff.” Mystic Color Lab, Inc. v. Auctions Worldwide, LLC, 284 Conn. 408 (Conn. 2007)”