Arrested for stealing electric? Really??

[SmokeyParkCop]

Do municipalities suddenly not have to pay the local electric utility?

Has something changed and all of a sudden they pay for them and NOT us through taxes?

 

[SmokeyParkCop]

It was nice of you, Smokey, to inform realfilm at the start that you "don't have the legal expertise on this subject" but please keep in mind that this is a legal forum (not a chat room). What is posted should be legally accurate so as to not confuse the readers. Thanks.

Ahh, i must have missed where you posted specific laws and legally accurate links, my bad....Oh wait, you didn't, your information is as legally relevant as anyone elses opinion in this thread. Except, mine was based on the common legal belief of 'implied consent' and yours was based off of....OH, right, yours was based off of, just your opinion.

Please don't act like your opinion was anything more then a laymans opinion, like mine...that's disingenuous and unfair to the OP

 

[cbg]

The same to you, Smokey.

You may have noticed that the majority of posters in this thread agree with quincy, and not with you. That would seem to imply that your "common belief of implied consent" isn't quite as common as you appear to have believed.

 

[quincy]

Ahh, i must have missed where you posted specific laws and legally accurate links, my bad....Oh wait, you didn't, your information as legally relevant as anyone elses opinion in this thread. Except, mine was based on the common legal belief of 'implied consent' and yours was based off of....OH, right, yours was based off of, just your opinion.

Please don't act like your opinion was anything more then a laymans opinion, like mine...that's disingenuous and unfair to the OP

I have now reviewed your posting history, Smokey. You seem to like to attack the long-time members of this forum for no discernible reason.

I have got to say that I don't see that working well for you in the long run.

Yelling the loudest does not make you right. It just makes you loud. And in this thread, you are not only loud, you are wrong about the law.


A link of possible interest for those thinking of purchasing an electric car in Georgia, Georgia Power has information on the costs and how to locate charging stations: http://www.georgiapower.com/environment/electric-vehicles/home.cshtml

 

[SmokeyParkCop]

I have now reviewed your posting history, Smokey. You seem to like to attack the long-time members of this forum for no discernible reason.

I have got to say that I don't see that working well for you in the long run.

Yelling the loudest does not make you right. It just makes you loud. And in this thread, you are not only loud, you are wrong about the law.


A link of possible interest for those thinking of purchasing an electric car in Georgia, Georgia Power has information on the costs and how to locate charging stations: http://www.georgiapower.com/environment/electric-vehicles/home.cshtml

So what you are saying is, you still don't have any legal grounds for your opinion?

 

[cbg]

And where have you posted a legal support for yours?

Let's see a statute, or case law, to back YOU up.

 

[CdwJava]

Theft in GA ...

§ 16-8-2. Theft by taking

A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.​

The electricity did not belong to the guy that took it. Yeah, it may have only been 5 cents, but it was not his to take. The power was paid for by another entity - the school or school district. Property and resources acquired and maintained by the school are NOT free for public use. I cannot go to the school and use their computers because they were purchased with taxpayer funds. I can't run a hose from a faucet in the field, over my fence, and use it to irrigate my garden. I can't take the bouncy ball from the playground and keep it at my house because my kids want to play with it. All because the resource or item is paid for by public funds does NOT mean that it is public property.

 

[quincy]

Theft in GA ...

§ 16-8-2. Theft by taking

A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.​

The electricity did not belong to the guy that took it. Yeah, it may have only been 5 cents, but it was not his to take. The power was paid for by another entity - the school or school district. Property and resources acquired and maintained by the school are NOT free for public use. I cannot go to the school and use their computers because they were purchased with taxpayer funds. I can't run a hose from a faucet in the field, over my fence, and use it to irrigate my garden. I can't take the bouncy ball from the playground and keep it at my house because my kids want to play with it. All because the resource or item is paid for by public funds does NOT mean that it is public property.

Thank you for posting the text of the statute, Carl. I actually provided the law in Post #13. Someone (looking at you here, Smokey) apparently did not notice.

 

[SmokeyParkCop]

Yah see, but that doesn't apply here. I don't believe he unlawfully took it or that it deprived any other person of any property, which are the two points of that law.

I'm looking for case law now, give me a night. To me this is akin to going to a public park and flushing the toilet. About the same costs and both are public resources open and available for use by the public. The outlets just like the toilets are made available for the public to use. That's the whole reason they are there and it explains why the school is not pressing charges.

 

[BL]

See, was that that hard, really? I don't really agree, I don't believe he unlawfully took it or that it deprived any other person of any property, which are the two points of that law. But i can't find case law to dispute that. To me this is akin to going to a park and flushing the toilet in the public bathroom. About the same costs and both public property left available for public use. But again, i can't dispute the law posted with other legal evidence, so it is what it is.

Just like the guy that was arrested ,he doesn't think every taking without permission should be considered theft .

Is flushing a public toilet without permission theft ?

Really , "we" would tend to use common sense here.

You been smoking , smokey ?

You , yourself still can't back up your lame opinions with citing Law.

Where is that cake ?

 

[quincy]

See, was that that hard, really? I don't really agree, I don't believe he unlawfully took it or that it deprived any other person of any property, which are the two points of that law. But i can't find case law to dispute that. To me this is akin to going to a park and flushing the toilet in the public bathroom. About the same costs and both public property left available for public use. But again, i can't dispute the law posted with other legal evidence, so it is what it is.

You were advised at the beginning of this thread not to post inaccurate information and yet you still posted and you still had to be corrected several times.

I am glad you finally seem to understand that you can't dispute the law.

How many posts did that take, anyway? Geez.

 

[SmokeyParkCop]

Just like the guy that was arrested ,he doesn't think every taking without permission should be considered theft .

Is flushing a public toilet without permission theft ?

Really , "we" would tend to use common sense here.

You been smoking , smokey ?

That post has been edited, you respond way too fast lol!

Both the public toilets and public outlets are put there specifically for use by people using the facilities. Made evident by the schools refusal to press charges.

 

[CdwJava]

Yah see, but that doesn't apply here. I don't believe he unlawfully took it or that it deprived any other person of any property, which are the two points of that law.

What you "believe" doesn't matter. The property does not have to be taken from a person, it has to be taken from "another" - this can be a business or other entity. Otherwise, I can steal from Wal-Mart and get away from it because I didn't steal from a person.

It's theft.

I'm looking for case law now, give me a night. To me this is akin to going to a public park and flushing the toilet.

The toilet at the public park is provided for public use, the electricity at the school is not. Now, if the school regularly allowed parents and others to plug in and charge their devices willy nilly, then the defendant might have an argument. If not, then he did not have a right to use it simply because the plug was there any more than I have a right to use the office computer simply because no one's at the desk and it's a publicly paid for building and computer.

About the same costs and both are public resources open and available for use by the public. The outlets just like the toilets are made available for the public to use. That's the whole reason they are there and it explains why the school is not pressing charges.

If the school is not pursuing charges, great! It doesn't mean it's not theft, it simply means that the school does not wish to have it prosecuted. It still fits the legal definition.

 

[Proserpina]

You were advised at the beginning of this thread not to post inaccurate information and yet you still posted and you still had to be corrected several times.

I am glad you finally seem to understand that you can't dispute the law.

How many posts did that take, anyway? Geez.

The nature of his post suggests he's someone we both know.

 

[SmokeyParkCop]

The toilet at the public park is provided for public use, the electricity at the school is not. Now, if the school regularly allowed parents and others to plug in and charge their devices willy nilly, then the defendant might have an argument. If not, then he did not have a right to use it simply because the plug was there any more than I have a right to use the office computer simply because no one's at the desk and it's a publicly paid for building and computer.

The school does. Have you ever been to a school, library, airport, really ANY public place that didn't let you charge your phone or ipad? Don't be silly, this is a very common thing, this was just a cop on a power trip that didn't like the way this guy was talking to him.

This guy was an idiot, no question, if a cop asks you to unplug, you unplug....But being an idiot isn't illegal, otherwise, half the internet would be behind bars.