Larceny?? Borrowing without permission is legal? Help@@@ (1 Viewer)

[bras91]

Plz message me if you have an anwer.

I have a question on the crime section about larceny (theft).

The text book i am using says borrowing without consent is not considered to be larceny thus legal or acceptable. However the next line it says

some borrowing is illegal such as: people who are charged with taking car for the purpose of joyriding may no longer use the defence that they were merely borrowing it and had intended to return it.

Overall i could not find an exact definition of larceny and whether borrowing without consent is legal or not even my teacher ... didnt know the answer. and told me to research it... which this is my last place to get my answer.

Please Help!!!

 

[jeff.wong]

Larceny is defined as the taking of goods from another without the consent of the owner and with the intent of permanently keeping them. Larceny is under property offences in economic crimes. [Other being white collar crime] Borrowing without consent is not considered to be larceny because it lacks the intention to keep permanently [animus furandi: intention to steal] and is merely borrowing. However to come to the part where borrowing is illegal [e.g. car], this is because the borrowing is causing damage/loss to the owner thus illegal. Basically if it is small things like a pen then it wouldn't do the owner much harm if you borrow it with the intenion of returning it. However with things like a car, you have the potential to damage it [even if you intend to return it] and deprive the owner it's economic significance. [The example may not be the best but it should answer your question]