North Carolina theft vs. “borrowing”: When temporary taking becomes a crime

People often borrow items or use someone else’s property without realizing it could lead to criminal charges. In North Carolina, the line between an innocent “borrowing” and theft depends on your intent—what you meant to do when you took the property.

Understanding this difference can protect you from serious consequences, especially since theft-related crimes can carry heavy penalties, even for small mistakes.

This article explains how North Carolina law defines theft, how “temporary use” or borrowing can cross the line into a crime, and what defenses may apply.

Contact a lawyer today. 

How theft works legally in North Carolina

North Carolina doesn’t use the word “theft” in its statutes. Instead, it uses terms like “larceny,” “possession of stolen goods,” and “embezzlement.”

Under N.C. Gen. Stat. § 14-72, larceny is defined as the unlawful taking and carrying away of someone else’s property with the intent to permanently deprive the owner of it.

To convict someone of larceny, prosecutors must prove:

1. The property belonged to another person. 
2. The defendant took it without consent. 
3. The defendant moved it (even slightly). 
4. The defendant intended to permanently deprive the owner of it. 

That last element—intent—is what usually separates theft from borrowing.

When “borrowing” becomes a crime

If you take property intending to return it, that usually isn’t theft. But intent can be difficult to prove or disprove, and your words or actions matter.

Borrowing may be considered theft when:

• You keep the property longer than promised or fail to return it after being asked. 
• You change or damage the property while using it. 
• You conceal that you have the item or try to avoid the owner. 
• You profit from using or selling the property. 
• You deny having it when confronted. 

For example, if you “borrow” a friend’s car without asking and return it after a few days, police can still charge you with unauthorized use of a motor vehicle under § 14-72.2, even if you didn’t plan to steal it.

Common “borrowing” situations that lead to theft charges

1. Vehicles or equipment

Unauthorized use of a car, truck, or work equipment is a Class 1 misdemeanor if the owner gave no consent. If there’s intent to keep or sell it, it becomes felony larceny.

2. Property from work

Borrowing company tools, laptops, or funds without permission—even if you intend to return them—can lead to embezzlement charges under § 14-90. This is a felony that can carry years in prison.

3. Roommates or shared property

Taking a roommate’s electronics or clothes “just to use” can qualify as larceny if the person claims you took it without permission.

4. Rental items

Failing to return rental cars, furniture, or tools on time can lead to conversion or theft of rental property under § 14-168.1. The law treats keeping rented property beyond the contract period as intent to deprive.

How prosecutors prove “intent to steal”

Intent is rarely proven directly. Instead, prosecutors rely on circumstantial evidence, including:

• What you said at the time (admissions or texts). 
• How long you kept the property. 
• Whether you returned or damaged it. 
• Whether you lied about having it. 
• Whether you tried to sell or hide it. 

Even if you meant to return it later, the state can argue that your actions showed an intent to deprive the owner at least temporarily, which can still be enough for conviction in some cases.

Possible defenses to theft or larceny charges

A skilled defense lawyer can help you present evidence that shows your intent was never criminal. Common defenses include:

• You had permission or a reasonable belief of consent. 
• You intended to return the property within a short time. 
• You were mistakenly accused or there’s no proof you took the item. 
• You lacked intent to permanently deprive the owner. 
• Ownership dispute — the item actually belonged to you or was shared property. 

If intent isn’t clear, your lawyer may negotiate a reduction to unauthorized use or dismissal based on lack of criminal purpose.

Penalties for theft in North Carolina

The severity of the charge depends on value and circumstances:

• Misdemeanor larceny: Property worth less than $1,000; punishable by up to 120 days in jail. 
• Felony larceny: Property worth $1,000 or more, or if the theft involves a firearm, explosive, or breaking and entering; penalties up to several years in prison. 
• Possession of stolen goods: Same classification and punishment as the underlying theft. 
• Embezzlement: Always a felony, even for small amounts, when it involves a position of trust. 

Even a misdemeanor conviction can affect your employment, professional licensing, and future background checks.

Why hiring a North Carolina defense lawyer matters

Prosecutors often assume intent based on timing or behavior, even when a person genuinely believed they could use or return the property. At Martine Law, our attorneys understand how easily a misunderstanding can turn into a criminal case.

We review the evidence, interview witnesses, and work to prove lack of intent. In many cases, we can negotiate a dismissal, deferred prosecution, or reduction from felony to misdemeanor.

If you’ve been accused of theft, larceny, or unauthorized use in North Carolina, act quickly to protect your record and your future.

Key takeaways

• North Carolina defines theft as taking property with intent to permanently deprive the owner. 
• “Borrowing” becomes theft when you don’t return the property, conceal it, or act dishonestly. 
• Unauthorized use, embezzlement, and keeping rental property too long are common examples of temporary takings that become crimes. 
• An experienced lawyer can challenge the evidence of intent and help reduce or dismiss charges. 

Facing a theft charge doesn’t always mean you’re guilty. You deserve a defense that tells your side of the story. Contact Martine Law today to speak with a North Carolina criminal defense attorney who will protect your rights and fight for the best possible outcome.