Paula and Daniel are classmates and often study together. Paula has a pen that looks exactly like the one Daniel has, however her pen does more than just write. It is a laser pointer, water resistant, writes under water and in the space, it is also a 3D writing pen, has a voice recognition system where it writes by voice commands, changes ink colors by voice command, shows time, serves as a phone, camera, compass, navigation system and a WIFI device. Daniel always wanted to have a pen like that but they stopped making those kinds. Daniel also was a designer so he would use multiple function of the pen whereas Paula only used it for writing and nothing rarely, if ever, used other functions of the pen. Daniel offered Paula to buy the pen from her but she always refused since she loved that pen. One day Daniel, frustrated with having to carry multiple devices with him, thought of just borrowing Paula's pen and returning it to her in a week. Paula would never know since externally two pens looked identical. While they were studying in Starbucks Paula received a phone call and went outside to talk, at that time Daniel exchanged pens, he took Paula's multi functioning pen from her purse (without telling her) and put his pen in her purse. When Paula came back he never said a word, pretending nothing happened. He started using the pen with all its functions at home and at his workplace. Daniel liked the pen so much that he changed his mind (Mens rea) about returning it to Paula, he decided not to tell anything to Paula and Permanently deprive her from her rightful possession, (Actus reus) in other words, he decided to keep the pen for himself.
1) What theft crime is Daniel liable for? Identify the correct theft crime, describe its components in detail and apply law to the facts.