Re:Book Piracy as Peer Preservation
by dragonwriter on Tuesday July 26, 2016 @01:17PM
(#12167188)
> Is it still "criminal conversion" when you decide after that one ride that you want to keep that car in your garage, but not drive it anymore? You will return it some other day..
Technically, you still haven't committed theft, since the intent must be present at the time of the taking.
OTOH, in practical terms (aside from the fact that its still a crime either way), the fact that you did keep it is something that a prosecutor will often have very little trouble convincing a jury is clear evidence that you intended to keep it when you took it.
> It's a copy, and you did not intend to buy it anyway so it's all right
Criminal conversion (in the general case) or joyriding (sometimes a separate offense in the automotive case) is not "all right"; just because it is a different criminal offense than (general or auto) theft, its still a crime, which is kind of the opposite of "all right" from the perspective of the legal system.
Technically, you still haven't committed theft, since the intent must be present at the time of the taking.
OTOH, in practical terms (aside from the fact that its still a crime either way), the fact that you did keep it is something that a prosecutor will often have very little trouble convincing a jury is clear evidence that you intended to keep it when you took it.
> It's a copy, and you did not intend to buy it anyway so it's all right
Criminal conversion (in the general case) or joyriding (sometimes a separate offense in the automotive case) is not "all right"; just because it is a different criminal offense than (general or auto) theft, its still a crime, which is kind of the opposite of "all right" from the perspective of the legal system.