3 ms·

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 the

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.

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.