Is this considered car theft?

I gave consent to someone to drive my
car, they then gave consent to another
person without my permission. Is this
considered vehicle theft?

Asked on April 5, 2016 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not theft unless:
1) Your permission to person A specifically told them that they could not let anyone else drive it, since otherwise, someone with permission may extend that permission to others; and
2) If the car was then driven by B, B was aware, in advance, that A did not have the right to let him/her drive, since if B was not aware of that and thought he/she could drive, then in borrowing/using the car when he/she believed he/she had the right to do so, he/she did not have any criminal (i.e. wrongful) intent, and without criminal intent, there is no crime.


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