Questions tagged [theft]

For questions about criminal deprivation of property as well as property torts

Criminal theft: Under the U.S. MPC Section 223.2, "A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof."

Property Torts:

  • Trespass to land or to chattels
  • Conversion
  • Detinue
  • Replevin
  • Trover

Canonical answers here:

275 questions
110
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5 answers

Stealing my own property back?

I have a guitar that I let my friend Joe borrow on the consensus that he would return it in a couple of days. Joe is a mutual friend of my ex Bob. Bob stole the guitar from Joe once he found out it was mine, and is now not allowing either me or Joe…
Jude
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92
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8 answers

Why shouldn't a bank robbery without threats be legal?

So say a bank robber walks into a bank and hands the teller a note saying simply "please give me $1,000" (or maybe even just verbally saying "I need $1,000 please") and if the teller accepts, which they probably would because they're supposed to…
user21827
77
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6 answers

Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Here is the full question with all the context and details: In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is stolen from, yet is tried in a civil court when…
Display name
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63
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2 answers

Is it legal for private citizens to "impound" e-scooters?

This recent article from The Verge claims that two men in San Diego have create a repo company that impounds e-scooters from companies like Lime, Bird, Lyft, Uber and Razor. However as far as I can tell these guys are doing this entirely on their…
40
votes
3 answers

If a shop prices all items extremely high and applies a "non-criminal discount" at checkout, will shoplifters get prosecuted based on the high price?

I came across this sign online that states that in the store, all items are marked at $951, with "non-criminal discounts" applied only for paying customers. The sign suggests that this is to ensure that shoplifters will be prosecuted for grand theft…
Neinstein
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36
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2 answers

Theft by proxy using wild Crows?

Feeding birds gets them to behave different, we all know that. Allegedly, someone feeding crows turned the neighborhood crows to turn them into an active deterrent for thieves - and an alert that an old man fell, but that's not what we want to look…
Trish
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34
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1 answer

What's so Grand about Grand Theft Auto?

Why does the law use the word "Grand" when describing Grand Theft Auto. It's almost like they're glorifying it. Is there a lesser type of theft auto?
foreyez
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4 answers

Does a private citizen in the US have the right to make a "Contact the Police" poster?

Imagine the following hypothetical situation. Assume the location is in the United States. Mary had a credit card stolen by a suspect. The suspect used the credit card at a store. The manager of the store, Adam, saved video surveillance of the…
30
votes
4 answers

If someone steals something of mine, is it legal to steal it back?

Let's say someone steals my phone. I use tracking tools to figure out where it is, then call it to make it ring (so I know it is my phone and not just someone else's with the same model). If I take it back, is that theft too? Do I need a police…
Jon
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27
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6 answers

Can you be charged with employee theft after being fired?

Suppose that a person, A, was hired by an employer, B, and then got fired a week later. Suppose that B mailed A a laptop while A was employed by B. Once A had been fired, B emailed A asking for the laptop back and sent a box for it to be returned.…
24
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6 answers

Is it a crime to "steal" your own money from a bank?

It is in the news that it has become a thing to stage a bank "robbery" to get access to ones own money in Lebanon. While these have involved things that are undoubtedly crimes (such as brandishing a toy gun, and pouring gasoline and threatened to…
User65535
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2 answers

If I buy a stolen item from party A, and then party A spends the proceeds, who is entitled to the item?

Is the original owner entitled to their property back while I am entitled to recover the sum paid for it from party A, or does the item somehow become rightfully mine, or... how does this all work?
Ohan
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22
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3 answers

In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal?

If I understand correctly, (a) under common law, theft requires an intent to permanently deprive the owner, and (b) legal tender only applies to debts, not purchases. B is the reason why stores do not have to accept cash. However, if I take goods…
Someone
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2 answers

Victim of larceny doesn't press charges. Does this mean suspect walks free?

Location: Indiana, USA. A home/ranch owner (victim) thinks he is being stolen from. He rigs a lot of his possessions with tracking devices (apple airtags) and puts a lot of cameras on premises. Some time later his possessions do get stolen, hard to…
VM4
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2 answers

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

Abdul’s news and wine gets a delivery of the next day’s papers overnight and he then puts the stack of unsold papers out on the pavement before closing for the publisher to collect and then destroy. When the papers are current, they are sold for £3…
TylerDurden
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