Wrongful Appropriation – Borrowing without Permission

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.

Wrongful appropriation

Wrongful Appropriation

Photo by: Victor

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.”

Wrongful Appropriation

Photo by: William Murphy

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.

Shoplifting for the Holidays

With little to no cash to spend for the holidays, many consumers resort to shoplifting for the things they want.

Shoplifting team effort

Photo by: Robert Sheie

Photo by: Robert Sheie

A St. George Utah couple was arrested earlier this month after they attempted to flee Christensen’s clothing store with over $500 worth of jeans. After pushing their way past the store owner, both individuals are facing charges for assault and theft. While many cases of shoplifting are due to something wanted such as multiple pairs of jeans, occasionally people are caught shoplifting for items truly needed.

Stealing the necessities

Photo: Gabriela Pinto

Photo: Gabriela Pinto

An Orem Utah mom was apprehended for shoplifting when officers discovered she was stealing groceries for her children whom she was the sole provider for. Instead of charging the single mom for shoplifting, Orem police officers saw a family in need and helped the mother and children with food and gifts just in time for the holidays. While the single mother is not facing charges currently, the store from which she stole still has the option to press civil charges. Hopefully they will show her the same kindness the officers did.

Larceny

Photo by: Mike Mozart

Photo by: Mike Mozart

Shoplifting is defined as a type of larceny from a store or place of business. Shoplifting is rarely excused such as it was for the single Orem Utah mother. The majority of people facing shoplifting charges end up in court. Depending on the amount and the type of the items stolen, shoplifting charges can range from a class B misdemeanor for items totaled under $500 to a second degree felony if the shoplifted item was a firearm. For help in dealing with shoplifting or another type of theft charge, contact a criminal defense attorney.