Black's Law Dictionary:

Theft: The felonious taking and removing of 
another's personal property with the intent of 
depriving the true owner of it; larceny.

"Planning" has nothing to do with it. As the 
identity of the owner is known, by not returning 
it, you're depriving the true owner and therefore 
committing theft.

Peculation, btw, is embezzlement.

*smile*

Did I mention that I find hubby's law textbooks 
infinitely more interesting than my own? :o)

-Cres
*wondering how dead bodies came into this*