California Penal Code 485 PC - Appropriation of Lost Property
Appropriation of lost property is considered theft under California Penal Code 485. This law criminalizes anyone who discovers lost items and fails to make a reasonable effort to find the owner.
The common idea of "finders-keepers" does not always hold without legal repercussions.
In other words, if you find property and choose not to locate its rightful owner or notify law enforcement, but instead keep it for yourself, you could be charged criminally under Penal Code 485.
The severity of the penalties varies depending on factors such as the property's total value and your criminal history.
For example, a PC 485 violation could occur if someone walks behind a woman in a mall, sees a large sum of money fall out of her bag, and instead of returning it, simply pockets the money.
In such cases, they could face charges under PC 485 for misappropriating lost property because no reasonable effort was made to find the owner.
It's important to note that posting ads or canvassing the neighborhood is not required; instead, a genuine effort to locate the owner or notify the police is necessary.
Definition of Appropriation of Lost Property
California Penal Code 485 defines the crime of appropriation of lost property as "Anyone who finds lost property under circumstances that give them knowledge of or a way to inquire the true owner, and who appropriates the property for their own use, without first making reasonable efforts to find the owner and to restore the property to them, is guilty of a theft crime."
To be convicted of theft under Penal Code 485 for appropriating lost property, the prosecutor must demonstrate that you knew or could have found out who the true owner was.
The term "knowledge" here means you either actually knew the owner's identity or had the means to discover it reasonably. This includes any information that could have alerted you to the owner's identity, satisfying the PC 485 criteria.
What constitutes a "reasonable attempt" to find the true owner of property? To convict you of theft, the prosecutor must prove beyond a reasonable doubt that you did not make such an attempt to locate the owner and return the property.
Whether your actions qualify as a reasonable attempt is usually a question for a jury, and it depends on the specific circumstances when you found the property. Nonetheless, common sense often plays a key role in judging what is reasonable.
What are the Penalties for PC 485?
If convicted of PC 485 for appropriating lost property, the penalties will vary depending on whether it is a California Penal Code 488 petty theft or a Penal Code 487 grand theft, as well as whether the offense is a misdemeanor or a felony.
A misdemeanor conviction for grand theft related to the appropriation of lost property carries specific penalties.
- Up to one year in county jail.
- A fine of up to $1,000.
A conviction for felony grand theft related to the appropriation of lost property could lead to the following consequences:
- 16 months, plus two or three in county jail.
- A maximum fine of $10,000.
A conviction for petty theft of lost property as a misdemeanor may result in up to 6 months in county jail and a fine of up to $1,000.
How to Fight PC 485 Charges
Our California criminal defense attorneys can raise various defenses to Penal Code 485 charges, which involve the appropriation of lost property.
Since each case is unique, a review of the specific details is necessary to identify the most effective approach. The most frequently used defenses include the following:
- Lack of knowledge: If you find unmarked lost property and believe the owner can't be identified, you likely won't be convicted under Penal Code 485. You shouldn't risk your life or exhaust all efforts to find the owner—only make a reasonable attempt. Consulting a criminal lawyer is advisable.
- Lack of intent: If you find lost property intending only to use it temporarily and plan to return it, you're not guilty of PC 485 appropriation. Temporary deprivation isn't theft. Circumstances matter, and you may face other theft charges, but not under Penal Code 485.
- Owner couldn't be located: If the true owner cannot be found despite reasonable efforts to locate them, you should not face criminal liability for PC 485 appropriation of lost property. This defense applies when there is no available identifying information at the time the property was found, which would have alerted you to locate the owner.
If you are accused of appropriating lost property under California Penal Code 485, consult our knowledgeable theft crime attorney to assess your case. Reach out to Cron, Israels & Stark for a case review.