New York State Private Investigator Practice Exam

Which of the following describes a crime of theft in New York State?

1. Taking another's property with the intent to permanently deprive

2. Possessing someone else's property with no intention to return it

3. Simply borrowing a person's belongings without consent

4. Seeking permission to use someone else's property

The correct answer is: Taking another's property with the intent to permanently deprive

Taking another's property with the intent to permanently deprive is a fundamental definition of theft in New York State law. This description encapsulates the essential elements of theft: it involves not only the act of taking someone else's property but also the crucial intent behind the action. To be charged with theft, the individual must have the intention to permanently deprive the owner of that property, signifying that the act goes beyond mere borrowing or temporary possession. In contrast, possessing someone else's property with no intention to return it could imply theft if it aligns with the intent to permanently deprive, but on its own, it lacks clarity about the act of taking. Simply borrowing a person's belongings without consent does not constitute theft, as borrowing suggests a temporary use with the intent to return the item. Lastly, seeking permission to use someone else's property is not theft at all, as it involves consent from the owner, which negates any intent of theft.