173
votes
Why shouldn't a bank robbery without threats be legal?
As a concrete example, consider Missouri v. Coleman, where Coleman handed a teller a plastic bag and said "I need you to do me a favor. Put the money in this bag", and later as the manager approached, ...
- 197k
119
votes
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
Because one is theft and the other is breach of contract
Theft is taking someone’s property with the intent of permanently depriving them of it. It has always been a crime, in fact, it’s a toss up ...
- 183k
115
votes
Stealing my own property back?
No. This would not be illegal.
You are not trespassing or breaking and entering since you have permission to be on the premises, and you are the rightful owner of the guitar so you are not depriving ...
- 174k
93
votes
Why shouldn't a bank robbery without threats be legal?
Generally, the law would not just look at the robber's literal words, but at how a reasonable person would understand them in context. And it will assume that the robber meant them to be understood ...
- 27.9k
68
votes
Accepted
Is it legal for private citizens to "impound" e-scooters?
Maybe, Hence the Lawsuits
In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels, and for the affected landowners (who hire the ...
- 183k
52
votes
Stealing my own property back?
Ohwilleke's answer is good, but there is a further point to consider.
You say that Bob is your ex. Are there grounds for him thinking that this guitar was a joint purchase while you were a couple, ...
- 2,212
52
votes
Accepted
Victim of larceny doesn't press charges. Does this mean suspect walks free?
The DA decides
The decision to prosecute a crime is vested in the district attorney (a.k.a. the prosecuting attorney, a public official in charge with bringing criminal cases in court).
The DA can ...
- 174k
50
votes
Accepted
What's so Grand about Grand Theft Auto?
Grand theft, a term which is used in some jurisdictions, is "big theft". It is defined in California in terms of what and how much you steal, for instance "over $950" except over $250 for domestic ...
- 197k
50
votes
Is it a crime to "steal" your own money from a bank?
The physical cash in the bank is not your property, at least not in US law (according to Scalia). It becomes your property when the withdrawal is performed by some means specified in your contract. A ...
- 1,069
49
votes
Accepted
Does a private citizen in the US have the right to make a "Contact the Police" poster?
There is no law against a person creating and distributing such a poster, to the best of my knowledge. However such a poster pretty clearly implies that the person shown is guilty of a crime, or at ...
- 112k
47
votes
Can you be charged with employee theft after being fired?
If you are facing felony charges, you need to hire a criminal defense lawyer, not ask for legal advice on the Internet. Do not talk to the police without your lawyer present. Do not attempt to ...
- 2,541
42
votes
In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal?
This is a good example of the life of the law being experience and not reason.
While there is a logical argument that this isn't theft, in reality, this conduct would universally be considered an open ...
- 174k
38
votes
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
The question is based on a false premise: stealing from an employee is a criminal act but a breach of ...
- 32.8k
37
votes
Can you be charged with employee theft after being fired?
The laptop was in your possession legally. Being fired makes no difference, it is still in your possession legally. Of course they can demand that you return the laptop, but that has to happen in a ...
- 30.8k
31
votes
Accepted
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
What do you mean by "stealing"; this matters, because "stealing" often doesn't have a formal/legal definition (and when it does, it falls under your #2 point above, where the ...
- 8,667
31
votes
Accepted
What happens if someone who intends to steal a car decides to rescue a child after breaking in?
Yes
However, unless he confesses to his intent he’s not going to be caught.
- 183k
26
votes
Does a private citizen in the US have the right to make a "Contact the Police" poster?
This is entirely legal and commonly done.
The risk of defamation liability to the suspect is minimal. Under New York Times v. Sullivan 376 U.S. 254 (1964) and related cases, to prevail in defamation ...
- 174k
25
votes
Accepted
If someone steals something of mine, is it legal to steal it back?
As the previous reply says, you can't steal something if it was yours already. That's by definition – stealing can only be of something that isn't your possession.
However there are three ways you ...
- 3,189
24
votes
What distinguishes adverse possession from theft?
The technical difference is that theft is illegal, and adverse possession is not. I'm assuming you're talking about why there's a difference. Historically, there are two basic reasons for adverse ...
- 22.6k
21
votes
Accepted
Borrow something and return it considered stealing?
It wouldn't quite be theft; California theft, like theft in many places following English legal tradition, requires intent to permanently deprive the owner of property. However, it fits section 499b ...
- 22.6k
21
votes
If a family member has taken a possession of mine for a long period of time, is that theft?
Yes, this is illegal. If by "across the state" you mean some distance away but in the same state then the exact law will depend on which state you are in, but as a rule any "conversion" of property to ...
- 12.7k
19
votes
Accepted
Do Donald Trump's actions constitute embezzlement?
Embezzlement is criminally prohibited by 18 USC 666, and this DoJ manual page on what is embezzlement cites the answer in Moore v. United States, 160 U.S. 268 that
Embezzlement is the fraudulent ...
- 197k
18
votes
Why shouldn't a bank robbery without threats be legal?
You can't have it both ways. Either the person used words or actions that, under the circumstances, caused the teller to reasonably fear that violence will occur if the money isn't given or they didn'...
- 3,186
17
votes
Accepted
Liability for explosive theft prevention
Yes. This sounds equivalent to the famous case of Katko v. Briney, 183 N.W.2d 657 (Iowa 1971). A shotgun trap was set up in an abandoned house owned by Edward and Bertha Briney. A thief broke in ...
- 4,135
16
votes
Why shouldn't a bank robbery without threats be legal?
How is this different than say people asking for charity donations in
the street?
Context is everything.
Obviously, someone asking for charity donations on the street will present themselves as a ...
- 18.3k
15
votes
Accepted
At what point does something become theft?
The crime of theft generally requires two elements - taking control of property, and the intent to deprive the rightful owner of it. If Bob had no intent to leave without paying, he may lack the ...
- 3,691
14
votes
Is it a crime to take out a loan with no intention to repay?
If, at the time of application for the loan, the borrower has no intention of repaying, it appears that it is a crime. From California Penal Code section 532:
(a) Every person who knowingly and ...
- 5,772
14
votes
Accepted
Does contract law apply for shoplifting?
I'm confident that there has been no successful breach of contract lawsuit on that basis: that is not the right legal basis.
Actions against a shoplifter would either be under tort law or, much more ...
- 197k
13
votes
Accepted
Is it illegal to take home a lost phone?
There are two issues, one is the legal issue of whether what you are doing is a crime, and the other is the evidentiary issue of proving that that is what happened.
If you take the phone home with ...
- 4,244
13
votes
Accepted
How much authority do teachers get from *In Loco Parentis*?
The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search ...
- 197k
Only top scored, non community-wiki answers of a minimum length are eligible