Legal Definitions - contrectatio

Definition: Contrectatio (kon-trek-tay-shee-oh), n. [from Latin contrectare “to touch or handle”] is a historical term that refers to the act of laying hands on another person's property with the intention of taking, misappropriating, or misusing it. This term implies a greater culpability than simply taking property without the owner's permission and, under Roman law, was an element of theft (furtum). The plural form of contrectatio is contrectationes (kon-trek-tay-shee-oh-neez).

Example 1: John was caught stealing money from his colleague's wallet. His act of contrectatio was evident as he was seen touching and taking the money without permission.

Example 2: Mary was accused of contrectatio when she was found using her company's equipment for her personal use without authorization.

These examples illustrate how contrectatio involves not only taking someone else's property without permission but also physically handling or touching it with the intention of misusing it. This term was used in Roman law to distinguish theft from other forms of property offenses.