Find a lost wallet? Keeping mislaid property can get you in legal trouble in Pennsylvania
Everyone has likely heard of “finders keepers, losers weepers,” but that is not always true in Pennsylvania.
The Keystone State offers a long list of detailed laws surrounding theft, including in circumstances involving property that someone mistakenly left behind. If you stumble upon cash or credit cards, wallets or other items that belong to someone else and choose to keep them, you might wind up in legal trouble yourself.
Here’s what you need to know before choosing to hold on to left-behind items in Pennsylvania.
Is keeping mislaid property a crime in Pennsylvania?
Yes. According to Pennsylvania law, keeping property you stumble across that belongs to another person is illegal under certain circumstances — especially if you do not try to return it to its rightful owner.
“A person who comes into control of property of another that he knows to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with intent to deprive the owner of thereof, he fails to take reasonable measures to restore the property to a person entitled to have it,” the law reads.
The simplest way to avoid getting caught up with mislaid property is to leave left-behind items alone and untouched, the Pittsburgh-based Zuckerman Law Firm wrote on its blog. If you do locate missing property, you can take reasonable and simple steps to return it by altering nearby employees or officials or contacting law enforcement to make arrangements for the property’s return if possible.
Attempting to return mislaid property is key in Pennsylvania. According to the law, you are guilty of stealing mislaid property only if you try to keep it intentionally to prevent it from returning to its rightful owner. Taking reasonable steps to find the owner or return the property should, generally, clarify your intent.
How is theft punished in Pennsylvania?
If you are found guilty of stealing in Pennsylvania, you can face some hefty punishments.
Broadly, you could face conviction of a first-degree felony, punishable by up to 20 years in prison and a maximum $25,000 fine, if stolen items are worth $500,000 or more. A first-degree felony can also come through cases in which the stolen property that was “received, retained or disposed of is a firearm and the receiver is in the business of buying or selling stolen property,” Pennsylvania law reads.
Thefts are considered a second-degree felony if the stolen property is valued between $100,000 and $500,000, if the stolen property is a firearm or any amount of anhydrous ammonia or if the act is committed during a man-made disaster, natural disaster or a war-caused disaster. Second-degree felonies are punishable by up to 10 years in prison and a fine of $25,000.
Thefts are considered a felony of the third degree if the amount exceeds $2,000, if the stolen property is an automobile, airplane, motorcycle or other motor-propelled vehicle or if the receiver of stolen property is in the business of buying or selling stolen property.
Theft in Pennsylvania may result in misdemeanor charges under the following circumstances:
A first-degree misdemeanor if the stolen items are worth more than $200, but no more than $2,000
A second-degree misdemeanor if the stolen items are worth between $50 and $200
A third-degree misdemeanor if the stolen items are worth less than $50
According to Pennsylvania law, the amount involved in a theft is usually determined by the stolen items’ market value or, if that is not available, the cost of replacement.
Additional stipulations and punishments are written into Pennsylvania law for theft cases involving shoplifting, stealing unpublished dramatic plays or musical compositions and stealing trade secrets, among other scenarios.
