Borrow something and return it considered stealing?

Question

So I was thinking, if I rode a coworkers bike home and returned it early the next morning before he noticed, is that legally considered stealing?

Would this be legally considered stealing in CA?

Not an answer, just an aspect from the continent. In Germany it would be called "furtum usus" (theft for the purpose of use). In principle that is not punishable (but still forbidden as a civil infringement). The devil is, of course, in the application. People caught taking something have a notoriously hard time proving their intent to bring it back, whether they actually had it or not; and circumstantial evidence is usually too overwhelming for in dubio pro reo. — Peter - Reinstate Monica, Nov 03 '15 at 11:58
I know it's just an example, but I have a hard time imagining how your coworker wouldn't notice his bike was missing. Will he be working overtime, all night? — Mr Lister, Nov 03 '15 at 14:19
As noted in @feetwet's linked question, this would at least be "trespass of chattels", which is a civil tort, and a criminal offense in some jurisdictions. — , Nov 18 '16 at 02:59
@Peter A. Schneider Wouldn´t leaving a Note: ... took your bike, will return it tomorrow ... cover you? — Daniel, Sep 06 '18 at 09:00
@Daniel It could still be a lie ;-). But I assume it would be circumstantial evidence, in particular if you do. — Peter - Reinstate Monica, Sep 06 '18 at 12:26
Related: https://law.stackexchange.com/questions/31556/temporary-theft-or-removing-someones-property-to-deliver-it-to-their-home-or-o — gerrit, Jun 01 '20 at 19:52
Related: Is it theft if you take money (with out permission) but return it the next day? — sleske, Aug 06 '20 at 09:52

score 21 · Accepted Answer · answered Nov 03 '15 at 04:37

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It wouldn't quite be theft; California theft, like theft in many places following English legal tradition, requires intent to permanently deprive the owner of property. However, it fits section 499b of the Penal Code to a T:

499b. (a) Any person who shall, without the permission of the owner thereof, take any bicycle for the purpose of temporarily using or operating the same, is guilty of a misdemeanor, and shall be punishable by a fine not exceeding four hundred dollars ($400), or by imprisonment in a county jail not exceeding three months, or by both that fine and imprisonment.

answered Nov 03 '15 at 04:37

cpast

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Bravo! Well done, sir. But what if it was a moped, unicycle, tricycle or skateboard? – Alexanne Senger Nov 03 '15 at 06:40
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@Mowzer then we go back to the first sentence, unless someone can find a specific crime for any of those vehicles. But unicycles and tricycles appear to be bicycles in the eyes of the law: "A “bicycle” is a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels." (https://www.dmv.ca.gov/portal/dmv/detail/pubs/vctop/vc/d1/231) – phoog Nov 03 '15 at 07:19
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@phoog A unicycle does not typically have a belt, chain, or gears: the pedals are connected directly to the wheel. – Max Nov 03 '15 at 09:55
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@Max that is true. I suspect this is a fault in the definition, which seems to have intended to include unicycles, since it specifies "one or more wheels." I wonder if there is any case law on this question. – phoog Nov 03 '15 at 16:49
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tall unicycles have chains, but short ones don't. I would think a judge would become very annoyed at such a quibble, and decide that a unicycle was indeed intended. The various clauses of the description are intended to expand the definition, not narrow it. – dwoz Nov 03 '15 at 18:34
@Mowzer Moped would probably be covered under the more general joyriding statute, V C Section 10851 Theft and Unlawful Taking or Driving of a Vehicle. – Joe Nov 03 '15 at 19:47
Penny Farthings also have no belt, chain or gears, but clearly fit within the normal English language meaning of 'bicycle'. – bdsl Mar 04 '21 at 10:41
You are mistaken. You have deprived the user of their enjoyment of the bike as well as causing wear and tear. – Richard Apr 06 '21 at 18:39
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@Richard Neither of those things makes it theft. You have temporarily deprived the owner of their enjoyment of the bike, which is not theft in California. Wear and tear is simply unrelated to theft. You can read criminal jury instructions if you'd like, but temporary taking is not theft unless you take it "for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property." – cpast Apr 07 '21 at 01:02

score 5 · Answer 2 · edited Jun 17 '20 at 08:31

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In the UK this is covered by Taking without consent which reads:

12 Taking motor vehicle or other conveyance without authority.

(1)Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

edited Jun 17 '20 at 08:31

Community

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answered Nov 03 '15 at 12:00

OldCurmudgeon

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Only if it's a motorbike, taking a push bike (which isn't a motor vehicle) falls under subsection 5. – Apr 06 '21 at 05:47

score 1 · Answer 3 · answered Nov 30 '15 at 17:33

There are many "levels" of theft in California, but I always begin with "theft is taking property that without asking and without intent to return". Stealing a bike would most likely be considered petty theft, stealing a possession valued under $950. One possible argument to defend you may be lack of intent to steal; http://www.gddlaw.com/criminal-defense/theft-crimes/

Borrow something and return it considered stealing?

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