Q: I have a misdemeaner larceny charge. The cameras have me putting stuff back before I took again. Can that show borrowing
So I went and got their pressure washer then put it back for a day and took wheel barrow. Then came and got pressure washer next day. Can the fact I put it back for a day help argue I was borrowing it and it was stolen from me
A:
Maybe so. Larceny is the crime of someone:
1) Taking
2) Personal property
3) That is in the possession of another
4) Carrying it away
5) Without consent
6) With the intent to deprive the possessor of it permanently
7) With the knowledge that he or she is not entitled to the property.
It sounds like the sixth element may be helpful if I understand the question correctly. The fact that shows the pressure washer was returned shows a lack of intent to deprive someone of it permanently. But if you are charged with stealing the wheelbarrow and it was never returned, that's certainly going to be a harder case.
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