Is it theft if I intend to give it back?

Question

A friend took something with the intention to give it back even befor he took it, he was not going to use it, break it, or in any way alter it, just take it, then put back, only thing is he got caught after it was takin out, and befor it was put back...

after reading this:

"The actus reus of theft is usually defined as an unauthorised taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use."

He didnt intend to Peranently Deprive any one of it, he was going to put it back...

Answer 1

Intent needs to be proven. There's no evidence that the intent was always to put it back, and no logical evidence to support that course of action. Therefore, it must be assumed that the intent was to take for cause, and to deprive.

Even if it's not "theft" by strict definition, the intent was malicious in nature.

Answer 2

did he have the consent of the owner to take his property?
if not then he did deprive the owner of his possesion and it not need to be a permanent deprivation.
Was the owner aware of the intent for return?
if not then he might have suffered damages.
the actus reus for theft is ultimatelly established by the facts and the mens rea can also be established except if evidence to the contrary can be given. Is there a way that your friend could present satisfactory evidence of his non malice intent?

Answer 3

He took it without permission. Of course he said he was going to give it back once he was caught. Anyone would.

The fact remains, he removed the property from the owner and he did deprive the owner of it while he had it. It doesn't matter if he was going to give it back.

Answer 4

I suspect the person that perpetrated the unauthorized borrowing of the property is saddled with the burden of proof that the property was to be returned. Like, I come into your garage and take your lawn mower. You come by and see me pushing around the yard. Are you going to tune me up with a baseball bat or inquire as to what time I'll be bringing it back?

Answer 5

I'm surprised that "permanent" has any implications in this law. I could steal something for 20 years and as long as I intend to give it back its not theft.

I wonder if I intend to steal a million pounds from the bank, live off the interest and hand it back after 20 years this argument would stand up in court.

Answer 6

bekas girl is 100% correct

What you are talking about is larceny.
To have larceny you have to have a taking of someone elses property with the intent to not return it.

if I go to my neighbor's house, take his tv and then return it i am not guilty of larceny, robbery, or any other theft crime.
I am laible for civil liability or possibly other crimes if established by the state.

Answer 7

Unauthorized taking of anothers property will carry more weight then what sounds like a lie for getting caught.

Answer 8

It was unauthorised taking, therefore stealing! No way around it!

Answer 9

between the part that means "taking without permission" and the part that means "taking it away for good" there's an "and/or"...

which means if you take it away without permission, but give it back
OR
take it away with permission but never give it back
OR
take it away without permission and never give it back

you're guilty of theft

Answer 10

May I have your auto & you wallet for the next three or four years, then I will give them back. Deal ?