Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended. In some

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

s the crime is called "larceny by finding" or "stealing by finding".

By nation

United States

In the United States, if the owner of a property has renounced all property rights in the object, then the property is abandoned. Since

theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for som ...

is the unlawful taking of another person's property, an essential element of the ''

actus reus (), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in t ...

'' of theft is absent. The finder of lost property acquires a possessory right by taking physical control of the property, but does not necessarily have ownership of the property. The finder must take reasonable steps to locate the owner. If the finder shows that reasonable steps to find the owner have been taken then the finder may establish that the required ''

mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...

'' for theft, the intention to deprive the owner permanently, is absent. An issue may arise when a person takes possession of lost property with the intention of returning it to the owner after inquiry but later converts the property to the finder's use. This is illustrated by ''Thompson v. Nixon''

965 Year 965 ( CMLXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II conquers the fortress cities of Ta ...

3 W.L.R. 501: an off duty police constable found a bag of rabbit food lying by the roadside, took it home intending to hand it in as lost property but some time after decided to keep it for his own use. He was found guilty at first instance but his ultimate appeal to the

Divisional Court A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.Section 66, Senior Courts Act 1981. Matters heard by a divisional court include some criminal cases in the High Court ...

was upheld. The

appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

held that, at the time of finding, there was no ''mens rea'' to support a conviction of larceny.

Trash

In ''California v. Greenwood'' (1988), the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

ruled that trash left at curbside for collection is effectively abandoned and subject to taking by anyone. This ruling superseded the

California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...

ruling, in ''People v. Krivda'' (1971), that placing trash at curbside was not necessarily an abandonment of same to the police or general public, as a reasonable assumption would be that only a particular regulated entity (i.e. the trash collection company or department) would take possession. Thus

garbology Garbology is the study of modern refuse and trash as well as the use of trash cans, compactors and various types of trash can liners. As an academic discipline it was pioneered at the University of Arizona and long directed by William Rathje. The ...

(the examination and analysis of trash) and

dumpster diving Dumpster diving (also totting, skipping, skip diving or skip salvage) is salvaging from large commercial, residential, industrial and construction containers for unused items discarded by their owners but deemed useful to the picker. It is n ...

are legal in the United States. Consequently, the abandonment of private medical records by placing them in trash has resulted in civil penalties against companies doing so.

Australia

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...

, the Victorian Crimes Act defines this crime by exception "72.3(c) A person's appropriation of property belonging to another is not to be regarded as dishonest if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. In

Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...

, there is a similar warning.

References

{{Law-stub Theft