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Is this theft?

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Y

yvovandoorn

Guest
What is the name of your state? Washington

I am a resident in Washington State, specifically King County. I am wondering if this situation still qualifies as theft.

I gave a cell phone ($219) and laptop (~$2100) to use to a minor who needed it
1. To keep in touch with friends & family
2. To keep up on her studies

However since then her parents, who is the home owner, has taken away both devices as a way of punishment. I am the legal owner of both devices and have tried to get them back by phoning and sending a letter to their house.

Does this still qualify as theft. The theft a cell phone, which I pay the bill for and is in my name, can qualify as a theft of a telecommunications device which is a class C felony in my state (WA).

The theft of a laptop, which at current market rate (the laptop was bought at $2100) is $1600-$1700 can be considered a class B felony in my state (WA).

Should I call my local law enforcement agency and if I do what would I tell them? At this point I'd rather just have him go to jail as he is holding my devices hostage for over 72 hours. He may give them back to me the moment law enforcement gets involved. Can I still press charges if he does?

So all my questions recapped:
1. Does this situation described above still qualify as theft?
2. Should I call my local law enforcement agency?
3. If he returns the devices can I still press charges?
4. What should I be prepared for?

Thank you,

Yvo

Laws referenced in post:
http://www.leg.wa.gov/RCW/index.cfm?section=9A.56.030&fuseaction=section

http://www.leg.wa.gov/RCW/index.cfm?section=9A.56.040&fuseaction=section
 
Last edited:


ptlmejo

Member
1. Does this situation described above still qualify as theft?
The actual statue would be:
(1) "Theft" means:

(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

(b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

(2) In any prosecution for theft, it shall be a sufficient defense that:

(a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or

(b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.
Technically, yes, it would be theft due to the "exert[ed] unauthorized control over the property".

2. Should I call my local law enforcement agency?
You could, but my guess would be they would tell you to pursue it as a civil matter. Generally, when people come to our department and begin their complaint with "I loaned X..." we tell them to pursue it civilly. Your local department may handle it differently though.
3. If he returns the devices can I still press charges?
In my opinion, no because the intent to deprive you of the property element has been negated.
4. What should I be prepared for?
Should your local PD decide to take it criminally, you will need to prove that you actually own the property and demanded the return of the same. If they should chose not to pursue it, prepare for a small claims lawsuit.
 
Y

yvovandoorn

Guest
Thank you for the fast response.

One more question.

Can I force the parents to give the laptop & cell phone back to the minor with the promise they wont touch it again?
 

enjay

Member
yvovandoorn said:
Thank you for the fast response.

One more question.

Can I force the parents to give the laptop & cell phone back to the minor with the promise they wont touch it again?
Of course not. The minor is their responsibility and they decide what that minor has or doesn't have.

edited to add...this whole thing smells a bit off. Why would you give an unrelated child such expensive toys?
 
Y

yvovandoorn

Guest
I'm her 19 year old boyfriend... perfectly within the age limits of WA state where the age of consent is 16 and the max age limit is 59 months.
 

CdwJava

Senior Member
Well then, you better be careful that they don't come after you for encouraging her delinquent behavior ... if she is disobeying them or being unruly.

And here's the other thing - and why I doubt they would charge this as theft ... you GAVE it to the minor ... she has care and custody over the property. The fact that her parents have care and custody over her gives them permission to take property from her immediate use and to control the circumstances of her life. If it had been a gift to her, they would have had a right to take it without any legal action from you or her. If you argue that it was a loan of property and not a gift, then you might be able to make a case for embezzlement, but I doubt any law enforcement agency is going to pursue theft charges in this case ... you knowingly gave it to the person who lost control of the property.

If the parents are smart, they will return the property to you and tell you to stay out of their daughter's life (if they don't like you). And since it sounds like you are trying to intrude on her life and they don't want you to be there, I would strongly recommend you wait til she turns 18 lest you end up in the clink ... there are other laws besides "age of consent" that can get you in trouble.

Carl
 

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