Can I consider this stolen property?

I gave my now ex boyfriend my old iPhone 5s for him to play games on because I got the iPhone 7 a few weeks ago. I want the phone back because since we're breaking up I want it back since that was my first official phone. The phone isn't activated but it has his Apple ID logged in. Can I consider this stolen property since he won't give it back or is it permanently his?
Updates:
+1 y
He's going to keep the phone. I loved the thing but life goes on
Can I consider this stolen property?
5
3
Add Opinion