If someone is found to be borrowing property that doesn’t belong to them and does it without the owner’s permission it is known as wrongful appropriation.
Utah code 76-6-404.5 defines wrongful appropriation as when a person “obtains or exercises unauthorized control over the property of another, without the consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or use the property or to temporarily deprive the owner or legal custodian of possession of the property.”
Borrowing without permission or theft?
Wrongful appropriation may sound a lot like stealing however the keyword that sets it apart from theft is the word “temporarily”. Although many cases of taking another’s belongings is done with the intent of never returning said property, occasionally the person accused of stealing can prove that their intention was to simply borrow the property on a temporary basis. When a person has been determined to not be permanently trying to deprive someone of their property but borrowing property without permission instead, Utah Code 76-6-404.5 states this crime to be “punishable one degree lower than theft.”
Examples of wrongful appropriation
Borrowing an item without permission may be hard to prove, but there are instances where the temporary intent may be more apparent such as:
• Borrowing a vehicle to quickly run an errand,
• Taking yard care equipment to use temporarily,
• Taking someone’s property as a practical joke, or
• Deviating from an assigned route in a government vehicle for personal motives.
Proving non consent
Sometimes when an item is borrow and relationships between the two parties go sour, the individual loaning the property, in an attempt to stir up trouble, may claim to have not given permission to the other. Having proof of the loan agreement would help protect the borrowing party from being unfairly charged with wrongful appropriation. Unless performed by a business however, a borrower’s agreement isn’t likely; for this reason it is recommended to seek counsel from a defense attorney for any charges of wrongful appropriation, whether true or not.