California, United States of America
The following excerpt is from People v. Selivanov, B252894, c/w B255166 (Cal. App. 2016):
The claim-of-right defense originated in the common law as a defense to larceny or robbery (Tufunga, supra, 21 Cal.4th at p. 945), which, like embezzlement, require the specific intent to permanently deprive another of property. "'It has long been the rule in this state and generally throughout the country that a bona fide belief, even though mistakenly held, that one has a right or claim to the property negates felonious intent. [Citations.] A belief that the property taken belongs to the taker [citation], or that he had a right to retake goods sold [citation] is sufficient to preclude felonious intent. Felonious intent exists only if the actor intends to take the property of another without believing in good faith that he has a right or claim to it. [Citation.]' [Citation.]" (People v. Barnett, supra, 17 Cal.4th at p. 1143.)
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