Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
He can report it stolen, but he could wind up with some problems with the police if he's not forthcoming about the situation. If they try to charge you with theft under those facts, it's not going to be a strong case. The elements of theft are: (1) unlawful taking or exercising unlawful control over (2) movable property of another (3) with the intent to deprive the owner thereof. (18 Pa.C.S.A. 3921(a).) Since you had been lawfully exercising control over the car, and you have no intent to deprive the owner of the car, it's not theft. However, why get into this type of a pissing contest? Just man up and return the car.
Answer Applies to: Pennsylvania