In re J.R.
In general, theft is a taking of property without the owner’s consent, “a violation of the victim’s possession without the victim’s consent.” (2 Witkin & Epstein, Cal. Criminal Law (4th ed. 2012) Crimes Against Property, §14, p. 37.) Under certain circumstances, a taking of property no longer in the victim’s possession is also a crime. Under Penal Code section 485, “One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use . . . without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.” (Pen. Code, § 485.)
The Court reverse and remand with directions to dismiss the petition.
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