Re: Overheard on the scanner

In article <em2724h3pta1a214l77ja6o1jg2i6bufrb@[EMAIL PROTECTED]
>,
Douglas Berry  <penguin_boy@[EMAIL PROTECTED]
> wrote:
>On  7 May 2008 22:49:44 -0400 "Keith F. Lynch" <kfl@[EMAIL PROTECTED]
>
>carved the following into the hard stone of rec.arts.sf.fandom 
>
>>And we weren't talking about trespassing anyway, but about crossing
>>property that you have no reason to think the owner objects to your
>>crossing.
>
>Walking onto another person's property is trespassing.

It has already been explained in this thread that that depends on the
jurisdiction.  For example, the Texas Statutes (I live there and have
it bookmarked) are at
<http://tlo2.tlc.state.tx.us/statutes/statutes.html>.
 Searching for
"tresspass" gets to Penal Code sec. 30.05, Criminal Trespass:

    30.05.  CRIMINAL TRESPASS[0].  (a) A person commits an offense if
    he enters or remains on or in property, including an aircraft or
    other vehicle, of another without effective consent or he enters
    or remains in a building of another without effective consent and
    he:

        (1)  had notice that the entry was forbidden;  or
        (2)  received notice to depart but failed to do so.
    (b)  For purposes of this section:
        (1)  "Entry" means the intrusion of the entire body.
        (2)  "Notice" means: ...

"Notice" has been quoted before: it includes explicit communication,
fences, signs "reasonably likely to come to the attention of
intruders", certain purple paint marks, or crops for human
consumption.

(There are exceptions for "fire fighter or emergency medical services
personnel ... under exigent circumstances", certain handgun issues,
railroad switching yards if under the US Railway Labor Act, or peace
officers.  The offense can have various punishments depending on the
site tresspassed on or possession of a deadly weapon.)

There's another section for agricultural land -- I don't know why it
doesn't overlap with the above -- but it includes "AND had notice that
the entry was forbidden or received notice to depart but failed to do
so", so it is only tresspassing if entry is expressly forbidden.

There may well be a civil action for trespass, but I don't see it in
the codes -- maybe it's just in common law, and wouldn't it have to
demonstrate damages?

>Tell me, if you hop into a car and drive it away with no reson to
>believe that the owner would object to you borrowing it for an hour or
>so, is that still grand theft auto?

In Texas, if you indeed intend to take it for a short period, it's not
Theft, it's Unauthorized Use of a Vehicle.  Taking property for a
short time is not theft.  Indeed, in a quick look, I don't see where
it's even a crime at all (except for Unauthorized Use of a Vehicle as
aforesaid), though I could be missing something, and the trial would
raise the issue of whether you had intent to take it for an extended
period &c.

(There's no "grand theft" eo nomine here, but there are various levels
of punishment.)

If you care about the details: under Texas Statutes, Penal Code
sec. 31.03, is

    THEFT.  (a) A person commits an offense if he unlawfully
    appropriates property with intent to deprive the owner of
    property.

But note "deprive".  31.01, DEFINITIONS, has

    (2)  "Deprive" means:

        (A) to withhold property from the owner permanently or for so
            extended a period of time that a major portion of the
            value or enjoyment of the property is lost to the owner;

        (B) to restore property only upon payment of reward or other
            compensation; or

        (C) to dispose of property in a manner that makes recovery of
            the property by the owner unlikely.

So if it's intent to joy-ride, it's not theft in Texas.  Instead, see

    31.07.  UNAUTHORIZED USE OF A VEHICLE.  (a) A person commits an
    offense if he intentionally or knowingly operates another's boat,
    airplane, or motor-propelled vehicle without the effective consent
    of the owner.

    (b) An offense under this section is a state jail felony.

A state jail felony is 1/2 to 2 years + <=$10,000, but can upgrade to
3rd degree felony if ...  Penalties for theft may be anywhere from a
Class C misdemeanor (<= $500 fine) to a first-degree felony (5 to life
+ <=$10,000).  The threshold for Class A misdemeanor versus state jail
felony is property value worth $1,500.

-- 
Tim McDaniel, tmcd@[EMAIL PROTECTED]