Legal Definitions - constructive taking

Constructive taking is when someone takes control of an item without physically removing it, but with the intention of using it in a way that goes against the owner's wishes. This is considered a form of theft.

• If a person is entrusted with a valuable item, like a piece of jewelry, and they start wearing it themselves instead of keeping it safe for the owner, this is a constructive taking.
• If a landlord enters a tenant's apartment without permission and starts using the tenant's belongings, this is also a constructive taking.

These examples illustrate how constructive taking involves taking control of an item without physically removing it, but still using it in a way that goes against the owner's wishes. This can cause harm to the owner and is considered a form of theft.