💕
Criminal Law • Crimes Against Property
CRIMLAW#041
Legal Definition
No. Abandoned property is not subject to larceny.
Plain English Explanation
This can get tricky if you don't clearly understand the difference between "abandoned property," "mislaid property," and "lost property." So let's discuss:
First, lost property is property that a person has left in a place they did not intend to leave it. For example, if a person accidentally drops their phone out of their pocket, they never intended to drop their phone, and so their phone is considered "lost property," which is still their legal property. In contrast, mislaid property is property that a person intentionally placed somewhere, but forgot about. For example, if you are eating at a restaurant and place your phone on your table, but then forget to take it when you leave. You intended to put the phone on the table, you just forgot to take it when you left; it is "mislaid." These distinctions are mostly important because the law treats finders of that property differently. In general, lost property is supposed to be returned to a police station, and mislaid property is supposed to be returned to the owner of the facility where the item was mislaid (like the owner of the restaurant). These create logical places for the owner of the property to check for when they realize their property is missing.
With that in mind, because lost and mislaid property is still legally owned by the person who lost or misplaced it, it is possible to commit larceny against such property.
However, abandoned property is property that has no owner because its owner has purposefully severed their legal rights to the property. Since there is no owner of the property, a person cannot "trespassorily take" it, nor can they "permanently deprive its owner" of the property.
Thus, on an exam, whether or not someone can be guilty of larceny for taking a piece of property they have stumbled upon depends on whether it is owned by someone and requires the person to try to find its owner (lost or mislaid), or if the property is abandoned and fair game for its discoverer to be the new, lawful owner.
First, lost property is property that a person has left in a place they did not intend to leave it. For example, if a person accidentally drops their phone out of their pocket, they never intended to drop their phone, and so their phone is considered "lost property," which is still their legal property. In contrast, mislaid property is property that a person intentionally placed somewhere, but forgot about. For example, if you are eating at a restaurant and place your phone on your table, but then forget to take it when you leave. You intended to put the phone on the table, you just forgot to take it when you left; it is "mislaid." These distinctions are mostly important because the law treats finders of that property differently. In general, lost property is supposed to be returned to a police station, and mislaid property is supposed to be returned to the owner of the facility where the item was mislaid (like the owner of the restaurant). These create logical places for the owner of the property to check for when they realize their property is missing.
With that in mind, because lost and mislaid property is still legally owned by the person who lost or misplaced it, it is possible to commit larceny against such property.
However, abandoned property is property that has no owner because its owner has purposefully severed their legal rights to the property. Since there is no owner of the property, a person cannot "trespassorily take" it, nor can they "permanently deprive its owner" of the property.
Thus, on an exam, whether or not someone can be guilty of larceny for taking a piece of property they have stumbled upon depends on whether it is owned by someone and requires the person to try to find its owner (lost or mislaid), or if the property is abandoned and fair game for its discoverer to be the new, lawful owner.
Related Concepts
What are false pretenses?
What are the crimes against property?
What is a continuing trespass?
What is arson?
What is burglary?
What is embezzlement?
What is extortion and blackmail?
What is forgery?
What is house burning?
What is larceny?
What is larceny by trick?
What is malicious mischief?
What is receipt of stolen property?
What is robbery?
