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My understanding is that if a person commits a theft, the theft is considered more or less 'severe' depending upon the value of the item(s) burglarized. If this is true, how would that work for an item like keys, whose extrinsic value I'd assume is somehow related to what it unlocks? If a person stole:

  1. keys to an empty house
  2. keys to a safe containing 1MM USD
  3. keys to a new car
  4. keys to a recognized sensitive area (police evidence locker)

would these be considered the same 'levels' of crime or is there some consideration of the value attached to what the key secures? Or would there be additional charges layered on that differentiates the value of what's being protected?

TravMatth
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3 Answers3

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Although I don't think there's a general principle that stealing a key is equivalent to stealing what it unlocks, some jurisdictions may certainly have laws that punish the theft of a key more severely.

For instance, see the North Dakota Criminal Code, section 12.1-23-05, which grades theft offenses. Paragraph 3i provides that:

Theft under this chapter is a class C felony if: [...] The property stolen consists of a key or other implement uniquely suited to provide access to property the theft of which would be a felony and it was stolen to gain such access.

So if you steal $50,001 in cash, you are guilty of a class A felony, punishable by 20 years imprisonment and/or a fine of $20,000 (see Chapter 12.1-32).

If you steal a key that unlocks a safe containing $50,001 in cash, and it can be shown that you stole the key in order to gain access to the cash, you are guilty of a class C felony, punishable by 5 years imprisonment and/or a fine of $10,000.

If you steal a key blank that doesn't unlock anything, but has similar intrinsic value to a key (say, a couple of dollars), then you are guilty only of a class B misdemeanor, punishable by 30 days imprisonment and/or a fine of $1,500.

Nate Eldredge
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like keys, whose inherent value I'd assume is somehow related to what it unlocks?

Putting aside that the inherent value of a key is the market value of the brass it contains: I think you actually meant extrinsic value.

This is just not so.

If I steal your wallet (worth, say $10) and it contains $30 in cash and your bank card (attached to accounts worth $2.4 billion, lucky you) then unless and until I use that card the value of what I have stolen is $40: that is your loss.

The same applies if I steal your car key but never take your car.

feetwet
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Dale M
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Stealing a key is a relatively harmless crime, but could be done in preparation for a much more serious crime. For example, you know there is $100,000 in my safe, so your first step to get my money is to steal my safe key.

If that was your intent, then presumably at some point your actions will change from "theft of a key" to "attempted theft of $100,000". I believe even the attempted theft of $100,000 would be a much more serious crime then the theft of the key. A court would have to decide if you committed this attempted theft or not. The theft of the key alone might be considered attempted theft of $100,000 if you knew about the safe and the money (an "attempted" theft obviously doesn't have to succeed). Coming to my house with the key and then returning because you unexpectedly find me present is very likely attempted theft.

gnasher729
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