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Old 11-17-2007, 10:43 PM
KneeCo KneeCo is offline
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Join Date: Mar 2005
Location: Kingston, missing Montreal
Posts: 3,976
Default Re: Friend runs super hot...

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No, actually. You're wrong.

If you go into a bank, get 1k from the drawer and run and get caught, you'll go to jail because you stole.

If they deposit an extra grand in your account, they can sue you for it (and will almost certainly, though not always, win) but there's no chance of you being convicted of a crime because you didn't commit one (you aren't a thief).

Theft/stealing requires an actual act where you took something without consent of the owner, refusing to return something that is given to you is a totally different thing, that isn't a crime and isn't stealing.

I'll use a Seinfeld episode since everyone's seen em.

Remember the episode where Jerry's mechanic runs off with his car and Jerry says "they don't consider it stealing if you actually hand him the keys". Well, that's actually true.

Jerry could have proved he's the rightful owner of the car, gotten a court order to have it returned to him and sued the mechanic for some cash where he could establish damages, but the mechanic would never end up guilty of the crime of theft in that scenario and neither would the OP's friend in this one.

Again, for the last time, he may be wrong, he may be an ass, he may be a dick, but one thing he factually isn't is a thief, he didn't steal a penny.
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