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If we contract for you to use my car for 1 day, but you then run off with my car and don't respond to any attempted communication for a year, you better damn believe I'm going to the police to report the car as stolen - and they'll arrest you if they find you.
If we contract for you to use my car for 1 day, but you then run off with my car and don't respond to any attempted communication for a year, you better damn believe I'm going to the police to report the car as stolen - and they'll arrest you if they find you.
Really? You want me to be super specific and say that unless it's plea bargained, then it's for the fact-finder (the jury in a jury trial or the judge in a bench trial) to decide?
My point was that taking and keeping something that doesn't belong to you is a criminal matter, and whether you have the requisite mens rea to be found guilty is not for the police to decide but rather for the court.
If we contract for you to use my car for 1 day, but you then run off with my car and don't respond to any attempted communication for a year, you better damn believe I'm going to the police to report the car as stolen - and they'll arrest you if they find you.
btw, there is a special provision in the law that deals with cars.. There isnt for video tapes
(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, tool, clothing,
or formal wear within seventy-two hours after the lease or rental agreement has expired;
My point was that taking and keeping something that doesn't belong to you is a criminal matter, and whether you have the requisite mens rea to be found guilty is not for the police to decide but rather for the court.
No its not if there is an agreement to allow you to take it.
If you rent my house, and then dont pay rent, you continue to use the house without concent and without paying for it. Its not a criminal matter, its civil.
If I loan you my chainsaw because you are cutting down trees and dont return it when done. Its a civil issue. I gave you concent to have it.. Its not theft.
For real, they issued a warrant for her arrest NINE years ago for a VIDEO rental?? LOL, oh come on! And that warrant is still active? People, please. We all know this is insane, just admit it.
No its not if there is an agreement to allow you to take it.
Yeah, it's not theft to have something under the terms of a lease or a bailment or a borrowing. But keeping it outside of such terms brings it into the criminal realm.
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If you rent my house, and then dont pay rent, you continue to use the house without concent and without paying for it. Its not a criminal matter, its civil.
It certainly can become criminal. At first, you're a tenant-trespasser, and you can possess the house until an eviction preceding (at which point you would be civilly liable for rent while you stayed there). Once I get the eviction order, if you continue to stay, you are criminally trespassing and will be arrested.
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If I loan you my chainsaw because you are cutting down trees and dont return it when done. Its a civil issue. I gave you concent to have it.. Its not theft.
If kept with the mens rea (intent) required by the larceny statute, then it absolutely is theft. 99.9999% of neighbors wouldn't take it to the police (and I imagine 99.9% wouldn't even take it to a civil court), but you absolutely could.
For real, they issued a warrant for her arrest NINE years ago for a VIDEO rental?? LOL, oh come on! And that warrant is still active? People, please. We all know this is insane, just admit it.
Warrants dont expire
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