"Finders Keepers, Losers Weepers" Fact or Fiction?
Posted By Attorney Shawn Curry on Jan 21, 2010 1:12pm PST
Recently, following my son’s school Christmas program, I went to my car to unload some goodies that Santa had delivered to the class. While returning to the school, I found a $10 bill in the parking lot. For a moment, I was reminded of the childhood phrase, “finders keepers, losers weepers.” I returned the $10 bill to the main office at the school assuming that someone finding their pocket a little lighter may inquire about the missing money.
The moral and ethical implications of the above-scenario can certainly be debated. However, as a Pennsylvania criminal defense attorney, the practical question is: Could failure to return or report the lost money or item carry criminal consequences? The answer: Yes.
Under the PA Crimes Code, a person who takes control of property of another that is lost, mislaid, or delivered by mistake is guilty of theft if he/she intends to deprive the rightful owner of the property and fails to take reasonable measures to restore the property to the rightful owner.
18 Pa.C.S.A. § 3924. Theft of property lost, mislaid, or delivered by mistake.
The severity of the penalties an individual charged with this crime is subject to will be based upon the value of the item stolen. More common factual scenarios subjecting an individual to criminal prosecution for this crime include, but are not limited to, taking a misplaced purse or a voucher left in a slot machine at a casino.
“Finders keepers, losers weepers?” Fiction.
If you find yourself accused of a theft crime in Pennsylvania, contact Attorney Shawn Curry, an experienced criminal defense attorney at Colgan Marzzacco, LLC, for a free phone consultation.