Skip to main content
35 votes

Theft by proxy using wild Crows?

This answer assumes no further intention than is disclosed in the question. If Alice had heightened or more precise intentions, that would change the analysis and could transform the scenario to be ...
Jen's user avatar
  • 61.5k
35 votes

If someone robs a bank at which (s)he has an account, can the bank deduct that amount from the robber's account?

If there has been no trial establishing Bob's guilt, the bank does not know that it was Bob who did rob the bank. Even if the bank has Bob on the security video feed, claiming that, "As my name ...
SJuan76's user avatar
  • 5,879
29 votes

What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Paper put out for waste collection is owned by the waste disposal service Abdul's News & Wine contracts with the city's waste disposal company. Under that contract, he may give his waste to the ...
Trish's user avatar
  • 41.7k
23 votes
Accepted

Theft on golf course

Individual lost balls are generally considered to be abandoned property, and finders may keep them unless the golf course specifically forbids it as a matter of policy. However, large scale recovery ...
Michael Hall's user avatar
  • 4,628
18 votes
Accepted

What is theft when not permanent

The Theft Act 1968 elaborates on the permanent-deprivation element as follows: A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is ...
bdb484's user avatar
  • 60.8k
15 votes

What is theft when not permanent

united-states One term for this is criminal conversion Criminal conversion is a crime, limited to parts of common law systems outside England and Wales, of exerting unauthorized use or control of ...
Mary's user avatar
  • 1,409
13 votes

Is it burglary to take belongings without the permission of the true owner?

The definition of "theft" covers this scenario, under RCW 9a.56.020, that "it shall be a sufficient defense that: (a) The property or service was appropriated openly and avowedly under ...
user6726's user avatar
  • 215k
13 votes
Accepted

Why is theft triable either way?

See section 17 of the Magistrates' Courts Act 1980: The offences listed in Schedule 1 to this Act shall be triable either way. Schedule 1 of that Act, para. 28 lists: All indictable offences under ...
Jen's user avatar
  • 61.5k
12 votes
Accepted

Renting a vehicle and grand theft auto

united-states In Colorado, the relevant statute states: (1) A person commits theft when he or she knowingly . . . retains, or exercises control over anything of value of another without authorization ...
ohwilleke's user avatar
  • 225k
11 votes
Accepted

If I use stolen money to gamble, do I get to keep the winnings?

There would be a civil remedy of the victim in a lawsuit requiring the thief to disgorge the profits. One form of this is to have a court declare that the stolen funds are held in constructive trust. ...
ohwilleke's user avatar
  • 225k
11 votes

If someone robs a bank at which (s)he has an account, can the bank deduct that amount from the robber's account?

I don't know if it's normal or not, but my Credit Union's membership agreement says that they can permanently freeze the account without warning to members who "cause a loss". They can also ...
Mooing Duck's user avatar
7 votes

What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Theft requires intention, so whether Bob has committed theft will turn on the details. Honest belief that property has been abandoned is a defence against theft. Your case is superficially close to ...
Hugh's user avatar
  • 221
7 votes

What is theft when not permanent

What is theft when not permanent? Theft new-south-wales 118 Intent to return property no defence Where, on the trial of a person for larceny, it appears that the accused appropriated the property ...
Dale M's user avatar
  • 215k
7 votes
Accepted

Is it legal to intentionally surge & destroy neighbor's electrical equipment when they steal your residential power?

united-states Two wrongs don't make a right. This "self-defense" response was not proportionate or necessary; the stolen power line could have simply been disconnects and any money lost due ...
ohwilleke's user avatar
  • 225k
6 votes
Accepted

Is using hidden city ticketing a theft of service?

No-show clauses in airline ticket contracts have been considered by the Tribunal Supremo (the Supreme Court) of Spain, in Judgement 631/2018; see section 6. Importantly, they applied EU legislation, ...
alexg's user avatar
  • 7,220
6 votes

If I use stolen money to gamble, do I get to keep the winnings?

Civil remedy The victim of the theft would have a cause of action in unjust enrichment, but they would have to, among other things, have “clean hands”. So, for example, if the victim and the thief ...
Dale M's user avatar
  • 215k
6 votes
Accepted

Is a statement saying that a party committed a crime by a non-benefiting accessory to the crime considered a party-opponent admission?

No. In federal court (and under state rules of evidence based upon the Federal Rules of Evidence) this is governed by Federal Rule of Evidence 801(d)(2) which states that: A statement is not hearsay ...
ohwilleke's user avatar
  • 225k
6 votes

What are the powers of a retail security guard compared to a police officer?

A security guard does not have special police privileges, but in the US the shopkeeper has a privilege known as the shopkeeper's privilege to detain a suspected shoplifter for a reasonable time, and ...
user6726's user avatar
  • 215k
6 votes

Theft on golf course

It’s complicated … but it’s unlikely to be theft A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. With found ...
Dale M's user avatar
  • 215k
5 votes

can a parent take away property their child borrowed from me?

Your cousin's mother is entitled to restrict what items her minor child can access (in this case, your phone). So you cannot insist that she return your phone to your cousin but you can insist that ...
Michael's user avatar
  • 2,170
5 votes

Arrested for unauthorized use of vehicle

Nothing happens to the case. The case is prosecuted by the government, not by the car dealership. You committed the crime. The witnesses to the crime can be called even if they no longer work for the ...
ohwilleke's user avatar
  • 225k
5 votes

Is it legal to intentionally surge & destroy neighbor's electrical equipment when they steal your residential power?

Messing with electrical equipment is illegal in Australia unless you're a licensed electrician. australia In Australia, it's illegal to mess with your house's electrical sockets at all unless you're a ...
nick012000's user avatar
  • 1,778
4 votes

Is it burglary to take belongings without the permission of the true owner?

england-and-wales Person 'A' entered the property in good faith and took goods that they thought they had permission to take. Under the circumstances, neither would appear to be a crime and certainly ...
Richard's user avatar
  • 4,094
4 votes

Theft by proxy using wild Crows?

Alice believes the bills are found somewhere on the ground or likely lost by people. She pockets them. The question seems to assume this is legal. Chapter 41 Section 252 of the laws of New York ...
Jason Goemaat's user avatar
4 votes

How many mints can I take before before it's legally wrong?

united-states california You can take as many as you have permission to. As with many crimes, theft or larceny has a mens rea component: the same physical action might or might not be criminal ...
herisson's user avatar
  • 604
4 votes
Accepted

What title transfers take place in the case of theft from a bank account?

In the case of theft involving taking money from a bank account, does the person whose account the money comes from loose good title to that money, or the debt it represents, or anything? Does the ...
ohwilleke's user avatar
  • 225k
3 votes

can a parent take away property their child borrowed from me?

As guardians, your cousin's parents may take away property from their child. However, under the terms of the bailment, they must immediately return it to you if they do so.
In Hoc Signo's user avatar
  • 1,457
3 votes

What are the powers of a retail security guard compared to a police officer?

The power of arrest is not limited to police new-south-wales A person who is not a police officer may, without a warrant, arrest a person if they: are in the act of committing an offence have just ...
Dale M's user avatar
  • 215k
3 votes

If a friend allows me the right to store property on his property but eventually tires of this agreement, can he legally deny me access to my property

Your “friend” cannot legally retain your property What you have is a bailment arrangement where your friend is the bailee and you are the bailor. There is a legal duty on the bailee to return the ...
Dale M's user avatar
  • 215k
3 votes

How many mints can I take before before it's legally wrong?

You can take as many mints as you have permission to take You have implicit permission to take a reasonable amount if you are a restaurant customer. A reasonable amount is what a reasonable person ...
Dale M's user avatar
  • 215k

Only top scored, non community-wiki answers of a minimum length are eligible