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by braythwayt 2552 days ago
Well, let’s consider a not-ridiculously-fraudulent situation:

I rent a camera from you for $70 a day, ostensibly for one day. My shoot doesn’t work out, so I keep it for three days. Did I commit theft?

Obviously, when I return it three days later, it is not theft. We can argue whether I owe you $70, $210, or much more, but to the police, that is very much a civil argument.

Now consider the situation between when I agreed to return it and when I actually returned it, like the day after it was due back.

Have I stolen the camera? No, we just disagree on the terms of a transaction where you voluntarily rented me a camera.

This “Mark” individual seemed to use fraud (photoshopping id?) to rent the camera, and that ought to be a crime in itself. But if he rented it in his own name, and the police showed up at his door, and he returned the camera, he could argue that he was renting it for a year, and how much he owes is a civil matter.

I don’t like this line of reasoning myself, but I can see why the police and insurance companies take the line that if you voluntarily give something to someone, it is not theft if they don’t return it, it is a dispute over the terms and conditions of your giving them the chattel.

2 comments

Agreed, it's a good thing that police generally don't get involved in contract disputes. There's still avenues for bringing criminal charges I assume.
Well they do when you are renting from a large company, such as a car rental company.[0]

[0]: https://news.ycombinator.com/item?id=20277134

I think property with a title is handled differently, which makes sense. Also, in this case, the car was simply reported as stolen and got pulled over in a public space - it's not like they hunted down an allegedly delinquent renter. Fortunately the rental company had to pay damages for their incompetence.

I'm actually curious as to what happens in the cases of delinquent renters - but I assume it involves things like court orders, or perhaps they just try to find the car and tow it away under existing repo laws, then send the account to collections.

Although in this situation he found his gear being sold on eBay - definitely theft.