2009 Massachusetts Code
PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
TITLE I CRIMES AND PUNISHMENTS
CHAPTER 266 CRIMES AGAINST PROPERTY
Section 87 Larceny of leased or rented property

Section 87. Any person leasing or renting personal property who, with the intent to place such property beyond the control of the owner, conceals or aids or abets the concealment of such property or any part thereof, or fails or refuses to return such property to the owner within ten days after expiration of the lease or rental agreement, or sells, conveys or pledges such property or any part thereof without the written consent of the owner, shall be guilty of larceny of leased or rented personal property.

Any person convicted of larceny of leased or rented personal property shall be punished by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. A person found guilty of violating this section shall, in all cases upon conviction in addition to any other punishment, be ordered to make restitution to the owner for any financial loss.

It shall be prima facie evidence of intent to place such property beyond the control of the owner when a person in obtaining such property presents identification or information which is materially false, fictitious, misleading or not current with respect to such person’s name, address, place of employment or any other material matter or fails to return such property to the owner or his representative within ten days after proper notice to return such property. For purposes of this section proper notice shall be actual notice or a written demand sent by certified or registered mail to such person at the address given at the time of making the lease or rental agreement.

It shall be a defense to prosecution for conversion of leased or rented property that the defendant was unaware the property belonged to another or that he had a right to acquire or dispose of the property as he did.