Can someone be prosecuted for theft by a video rental company for non return of videos?

Well, if someone intentionally "rents" movies they know they are not going to return, that would likely fall under the category of theft.

Here, you were not the one doing the renting, so the chance of getting a theft conviction would likely be low. More importantly, under the fact scenario you describe, any crime that may have occurred back in 2003 cannot be prosecuted now since it is outside the statute of limitations. (which for misdemeanor theft would be 2 years).

So, the odds of you getting charged with theft would be slim to none. If you did get charged, you would have some very good defensive theories.

Robert is right; this company is probably blowing hot air. They are probably barred by the statute of limitations from even trying to get the County or District Attorneys' Offices to file criminal charges. Oftentimes, these companies know that if they threaten a prosecution, they will get a certain percentage of people who will try to pay them off. They may have a valid civil claim against you, but you could always direct them to your husband. Since the contract/membership was in your name, their would file a civil suit against you if at all. Again, this is probably hot air as the cost of filing this suit would greatly outweigh what they say you owe. Most likely, the worst thing that can happen is that they will report this against your credit (or have already done so). You do have the right to dispute debts, so check out your credit report.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.