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Is this illegal?

Texas

If I took equipment and materials off the job site without the consent of the property owner, but returned it before the owner noticed, can I still be charged for burglary if the owner finds out later?

1 reply

Aug 1, 2018
That's an interesting question, and admittedly, this forum specializes in the laws surrounding construction payment rather than criminal law. That being said - it's never a good idea to enter someone else's property without permission, and it's really not a good idea to take anything from the property while doing so. If a property owner finds out that someone has come onto their property without permission, taken equipment and materials, and then returned them - such an owner could certainly try to pursue some legal action. However, if the equipment and materials were simply removed from the property and returned and no damage or harm was done, it may be hard to prove that anyone was harmed or that any damage took place as a result of the actions taken. So, while legal issues might certainly pop up and a crime may be alleged, such issues would quite likely be mitigated (at least to some degree) by the assertion that no harm took place.
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