{"id":351992,"date":"2023-08-21T08:20:54","date_gmt":"2023-08-21T13:20:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/accused-of-stealing-something-borrowed.html"},"modified":"2023-08-21T08:20:54","modified_gmt":"2023-08-21T13:20:54","slug":"accused-of-stealing-something-borrowed","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/accused-of-stealing-something-borrowed.html","title":{"rendered":"Can I Be Accused of Stealing Something I Borrowed If I Forget To Return It?"},"content":{"rendered":"\n
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Can I Be Accused of Stealing Something I Borrowed if I Forget To Return It?<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Bui, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, it’s possible to face criminal charges in some cases. Legal issues are especially likely with high-value property. Yet, the prosecutor would need to prove that you actually intended to keep the property \u2014 even if you promised to return it. <\/p>\n\n <\/div>\n\n\n\n

Anyone can make the honest mistake of forgetting to return a borrowed item, no matter how aggravating it might be for the rightful owner. The person from whom you borrowed the item may wonder whether they’ll ever get it back. Still, your actions don’t amount to the criminal offense of\u00a0theft\u00a0if you just merely forgot to return the item.<\/p>\n

However, simply saying “I was planning to return it,” will not suffice as a legal defense against theft charges. These accusations can lead to penalties like jail time, so consult an attorney<\/a> about the best defense strategies available in your case.<\/p>\n

So, the question remains: When does borrowing become a theft crime<\/a>\u00a0in the eyes of the law? It depends.<\/p>\n

The Role of Intent<\/h2>\n

From a legal perspective, in order to be accused of stealing, or a\u00a0theft crime, you would need to have had the intent never to return the item to its rightful owner.<\/p>\n

Under criminal law, the intent to commit a criminal act is called “mens rea<\/a>.” Criminal intent is one of the key elements that must be established by the prosecution in order to convict an individual of a crime, including the intent to permanently deprive an owner of one of their possessions.\u00a0<\/p>\n

Common law further distinguishes among different degrees of criminal intent:<\/p>\n