Q: Is an iPhone bought for someone considered a gift? If I don’t return it, is it theft?
While in a less than 2 month relationship with a man, he bought me an iPhone 15 Pro Max. He wanted to rush the relationship more quickly than I was comfortable with, so it abruptly ended. The iPhone was a gift and he’s since suspended service. He is threatening legal action if I do not return it. Is this considered theft since it was bought as a gift?
A: In Tennessee, as in many jurisdictions, an item given as a gift is typically considered the property of the recipient. For an item to be recognized as a gift, it must meet certain criteria: there must be an intention to give the item as a gift, delivery of the item to the recipient, and acceptance of the item by the recipient. If the iPhone 15 Pro Max was given to you with the clear intention that it was a gift, and there was no agreement or condition attached to its receipt that required its return upon the end of the relationship, it legally becomes your property. Consequently, retaining the iPhone would not be considered theft. However, if he is threatening legal action, it would be prudent to document any evidence that supports your claim that the iPhone was intended as a gift, such as messages or witnesses.
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