If a student takes a confiscated item from teacher, is this considered theft?

Question

I am a teacher in Florida and I confiscated an item from a student who willingly gave it to me. When I was busy working, the student took the item back without my consent. Is this considered theft of property? Can a police report be filed?

Answer 1

It's not theft. Theft requires an intent to permanently deprive the owner of their property (incidentally, the temporary nature of confiscation is the reason why the teacher hasn't committed theft either). It is not possible to steal an item that you own, and confiscated items do not change ownership - it is impossible for a student to steal their own property. Retaking property that's legally yours is not theft, although it would be possible to commit other crimes in the process like breaking and entering or trespassing. There may be legal differences if the student simply took the item off your desk, versus breaking into a locked drawer to recover it, but it won't be theft either way.

See also: If someone steals something of mine, is it legal to steal it back?

Answer 2

When I was busy working, the student took the item back without my consent, is this considered theft of property by student in legal terms?

No.

It isn't even a crime, since the student owns it, or at least, has better title to it than the teacher. It may be a violation of a school rule, however, which the child could be punished for violating, for example, with detention or a loss of some school privilege like the opportunity to go on a field trip or participate in a school function like a dance.