Let us suppose that I come upon a large red vase just inside the 1-meter wooden picket fence of the outdoor portion of a pottery store.
The store is closed, and the store building is locked and unattended at the hour in question.
The store building has a door with a mail slot.
The price of the vase is clearly marked with a label or tag.
I want to buy the vase.
I have my checkbook with me. There is more than enough money in my bank account to cover the price of the vase and any applicable taxes.
There is a friend with me who has a video camera.
I am a big person and can remove the vase without stepping inside or disturbing the fence.
I leave a check for the vase in the slot, and take the vase.
No alarm signal has been generated.
Has a crime been committed?
Does my payment for the vase create an affirmative defense to an accusation of theft?
Thanks.
2007-11-14 06:57:35 · 6 answers · asked by knoodelhed 4 in Politics & Government ➔ Law Enforcement & Police
Two crimes have been committed. You were on their property without their permission, so that is trespassing.
No one was their to receive your payment, therefore it was not a proper payment. The payment has to be received, or the merchant has to have agreed to your leaving the money in the mail slot. So that is theft.
The merchant may very well decide to not press charges considering this was a transaction that he/she would have conducting had it been normal business hours.
2007-11-14 07:10:29 · answer #1 · answered by Bill F 5 · 2⤊ 0⤋
As the first answer stated, yes, you committed petit theft. One of the elements for theft is the taking of another's property without permission or authorization. You paying for the item has nothing to do with it. Would the store owner seek prosecution? Eh, probably not.
2007-11-14 15:09:27 · answer #2 · answered by Anonymous · 1⤊ 0⤋
What about the taxes? Did you pay the taxes? I doubt anyone would really go after you for theft unless they were idiots, which do run rampant. But if you can prove you left the check and it cleared, you've no worries I'd say.
2007-11-14 15:01:16 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Yes, you have committed theft. You removed the item without permission.
2007-11-14 15:00:30 · answer #4 · answered by davidmi711 7 · 1⤊ 0⤋
They can press charges for theft. I forgot to pay for my meal at a restaurant once. I called them when I got home and promised to pay them. They sent the police right over to give me a ticket. I offered to go and pay right then, but the police said no that the people wanted to prosecute. It was dumb on their part because they never got paid for the meal I ate, and I was fined $50.
2007-11-14 15:03:27 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Actually once your arm crosses over the fence you have technically committed a break and enter (Burglary)
2007-11-14 15:23:38 · answer #6 · answered by 911 Gear 1 · 1⤊ 0⤋