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Our legal system does disagree, it is theft. The voluntary parting is a concept invented by insurance companies to deny liability. It has nothing to do with cr

Our legal system does disagree, it is theft. The voluntary parting is a concept invented by insurance companies to deny liability. It has nothing to do with criminal law which sees this as prosecutable criminal theft.

hapless 7y ago
It depends on the state you live in, but by and large, it is not the same. For example, in my home state, reneging on a rental agreement on a piece of property worth more than $100 is "Misapplication of Property," a misdemeanor. Actually stealing the exact same camera, as opposed to deceiving the owner, is "Larceny," a felony. Holding up the owner at gunpoint to steal the same camera is "Robbery," a much more serious felony. The law slices and dices these things finely. Sweet talking someone into handing over his property is often a crime, but it is usually not the same crime as simply taking it.
jellicle 7y ago
This is incorrect. If you give over a piece of property to someone with a contract, and they fail to fulfill the contract, you've got a civil claim against them but it's not generally a crime. Example: someone leases a car and doesn't make payments. Leasor can't call the police and claim "Janet stole my 2018 Cadillac, she stopped making payments two months ago!". Or, they can, but will be told: It's not theft.
- droithomme 7y ago
  https://criminal-law.freeadvice.com/criminal-law/white_collar_crimes/no_return_owner.htm https://criminal-law.freeadvice.com/criminal-law/white_colla... > A key element of any larceny or theft crime is what an offender intends to do with the property after taking it. Typically, an offender is guilty of a theft crime when he takes the property of another with the intention of permanently depriving him of it. Deciding later to keep the property an offender originally intended to use temporarily and then return becomes a larceny or theft crime at the moment the offender's intent changes. The perfect example of this is a rental car you decide not to return. A lawful rental becomes a larceny or theft crime the moment you fail to return it on time with the intention of keeping it. Other sources agree: https://www.chamberslawfirmca.com/can-charged-grand-theft-not-returning-rental-car/ https://www.chamberslawfirmca.com/can-charged-grand-theft-no... https://www.mdtriallawyer.com/failure-to-return-rental-vehicle.html https://www.mdtriallawyer.com/failure-to-return-rental-vehic... https://law.freeadvice.com/general_practice/contract_law/TV_rental_overdue_payment.htm https://law.freeadvice.com/general_practice/contract_law/TV_... Many state laws agree: https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.096 https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.096 (Note here both that the law here explicitly states that not returning a leased or rented item is theft, and that it is specifically presumed so when one uses a false id or address.) https://www.criminaldefenselawyer.com/resources/auto-theft-laws-texas.htm https://www.criminaldefenselawyer.com/resources/auto-theft-l... https://www.criminaldefenselawyer.com/resources/auto-theft-laws-florida.htm https://www.criminaldefenselawyer.com/resources/auto-theft-l... Including the state where the above guy lives: https://codes.findlaw.com/ca/penal-code/pen-sect-484.html https://codes.findlaw.com/ca/penal-code/pen-sect-484.html The claim that it's simply a civil contract issue with no criminal implications is not correct. Given that the thief in the above case also used a false identity, he is guilty of identity theft as well.

hapless 7y ago

It depends on the state you live in, but by and large, it is not the same. For example, in my home state, reneging on a rental agreement on a piece of property worth more than $100 is "Misapplication of Property," a misdemeanor. Actually stealing the exact same camera, as opposed to deceiving the owner, is "Larceny," a felony. Holding up the owner at gunpoint to steal the same camera is "Robbery," a much more serious felony. The law slices and dices these things finely. Sweet talking someone into handing over his property is often a crime, but it is usually not the same crime as simply taking it.

jellicle 7y ago

This is incorrect. If you give over a piece of property to someone with a contract, and they fail to fulfill the contract, you've got a civil claim against them but it's not generally a crime. Example: someone leases a car and doesn't make payments. Leasor can't call the police and claim "Janet stole my 2018 Cadillac, she stopped making payments two months ago!". Or, they can, but will be told: It's not theft.

droithomme 7y ago
https://criminal-law.freeadvice.com/criminal-law/white_collar_crimes/no_return_owner.htm https://criminal-law.freeadvice.com/criminal-law/white_colla... > A key element of any larceny or theft crime is what an offender intends to do with the property after taking it. Typically, an offender is guilty of a theft crime when he takes the property of another with the intention of permanently depriving him of it. Deciding later to keep the property an offender originally intended to use temporarily and then return becomes a larceny or theft crime at the moment the offender's intent changes. The perfect example of this is a rental car you decide not to return. A lawful rental becomes a larceny or theft crime the moment you fail to return it on time with the intention of keeping it. Other sources agree: https://www.chamberslawfirmca.com/can-charged-grand-theft-not-returning-rental-car/ https://www.chamberslawfirmca.com/can-charged-grand-theft-no... https://www.mdtriallawyer.com/failure-to-return-rental-vehicle.html https://www.mdtriallawyer.com/failure-to-return-rental-vehic... https://law.freeadvice.com/general_practice/contract_law/TV_rental_overdue_payment.htm https://law.freeadvice.com/general_practice/contract_law/TV_... Many state laws agree: https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.096 https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.096 (Note here both that the law here explicitly states that not returning a leased or rented item is theft, and that it is specifically presumed so when one uses a false id or address.) https://www.criminaldefenselawyer.com/resources/auto-theft-laws-texas.htm https://www.criminaldefenselawyer.com/resources/auto-theft-l... https://www.criminaldefenselawyer.com/resources/auto-theft-laws-florida.htm https://www.criminaldefenselawyer.com/resources/auto-theft-l... Including the state where the above guy lives: https://codes.findlaw.com/ca/penal-code/pen-sect-484.html https://codes.findlaw.com/ca/penal-code/pen-sect-484.html The claim that it's simply a civil contract issue with no criminal implications is not correct. Given that the thief in the above case also used a false identity, he is guilty of identity theft as well.