Penal Code § 485 PC - Theft or Misappropriation of Lost Property

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1. What is the “Theft or Misappropriation of Lost Property”?

Penal Code § 485 PC addresses the crime of theft or misappropriation of lost property in California. This statute makes it illegal to find and keep lost property if you are aware of clues that can identify its true owner and fail to make reasonable efforts to return it. The law essentially requires individuals to act in good faith when they discover lost items and take steps to reunite the property with its rightful owner.

Understanding Penal Code § 485 PC

For a person to be convicted under Penal Code § 485 PC, the prosecution must prove the following elements:

You Found Lost Property: You discovered property that was lost or misplaced.
The Property Had Clues to Identify Its Owner: There were clear indications, such as identification, markings, or other information, that could lead you to the rightful owner.
You Took the Property for Your Own Use: Instead of attempting to locate the owner, you kept the item as if it were your own, with no intention of returning it.
You Did Not Make Reasonable Efforts to Find the Owner: You failed to make any reasonable efforts to return the property to its original owner, despite having the means to do so.

Let’s break down each of these components for a clearer understanding.

Key Elements of the Crime

Finding Lost Property with Identifiable Clues:
- When you find lost property, you are obligated to assess whether there are any identifying clues, such as an ID card, name tag, contact information, or any other means of identifying the rightful owner. If such clues exist, the law expects you to use them to attempt to return the property.
Taking the Property for Personal Use:
- The crime occurs when you decide to take the lost item for your own personal gain or use, without making any effort to return it. This means treating the item as if it were yours, whether it’s cash, valuable items, or personal belongings.
Failure to Make Reasonable Efforts to Find the Owner:
- Reasonable efforts involve actions such as:
  - Contacting the owner if you find contact information.
  - Reporting the lost item to nearby authorities or establishments (e.g., giving a lost wallet to a store manager or bartender).
  - Posting notices or checking lost and found sections, especially if you find the item in a public place.

Penal Code § 485 PC serves as a reminder that you have a legal duty to return lost property when identifiable clues point to the rightful owner. If you’re facing charges related to misappropriation of lost property, contact Grace Legal Group for a consultation and let us help you navigate your defense with confidence.

Penal Code § 485 PC Law Reads As Followed:

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, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

2. What are Examples of Penal Code § 485 PC?

Finding a Wallet and Keeping the Cash:
- Example: Maria finds a wallet on a park bench that contains $200 in cash, credit cards, and an ID with the owner’s name and address. Instead of trying to return the wallet or notifying nearby authorities, Maria takes the cash and throws the wallet away. In this case, Maria is guilty of misappropriation because there were clear clues to identify the owner, but she made no effort to return the wallet.
Taking a Lost Smartphone Without Attempting to Return It:
- Example: David discovers a smartphone lying on a table at a coffee shop. The phone has a lock screen displaying the owner’s emergency contact information. Instead of contacting the owner or leaving the phone with the coffee shop staff, David decides to keep it for himself. By failing to make reasonable efforts to return the phone, David could be charged under Penal Code § 485 PC.
Ignoring Identifying Information:
- Example: Sarah finds a backpack at a bus stop with a student ID card inside that contains the name and school of the owner. Instead of reaching out to the school or trying to locate the student, Sarah keeps the backpack and its contents. This failure to take reasonable steps to return the property makes Sarah guilty of misappropriation of lost property.
Keeping a Misdelivered Package:
- Example: Robert receives a package at his house that was clearly meant for his neighbor, with the neighbor’s name and address on the label. Instead of returning the package to his neighbor or notifying the delivery company, Robert decides to keep the contents. Because the package was clearly identifiable as belonging to someone else, Robert could be charged with theft under Penal Code § 485 PC.
Taking Money from a Dropped Envelope:
- Example: Julie sees an envelope fall out of a person’s bag in a grocery store. The envelope contains cash and a note with the person’s name and phone number. Instead of informing the person or returning the envelope, Julie takes the cash and discards the rest. Julie could be charged under Penal Code § 485 PC because she made no effort to return the lost money, even though there were clear clues identifying the owner.

In each case, the person who found the lost property had identifiable clues that could lead them to the rightful owner.
Instead of making reasonable efforts to return the property, they chose to take it for their own use, which constitutes a violation of Penal Code § 485 PC.

3. What are the Common Defenses Against Penal Code § 485 PC?

No Intent to Permanently Keep the Property:
- Explanation: To be guilty under Penal Code § 485 PC, the prosecution must prove that you intended to keep the lost property permanently. If you were simply holding onto the item temporarily while trying to find its owner or planning to return it, you may not be guilty of this offense.
- Example: You found a lost wallet and took it home to look for identification but intended to return it the next day. This shows that you did not have the intent to keep it permanently.
Reasonable Efforts Were Made to Find the Owner:
- Explanation: The law requires that you make reasonable efforts to locate the property’s rightful owner. If you can show that you took practical steps to try and find the owner but were unsuccessful, this can be a strong defense.
- Example: You found a lost phone and posted about it on local social media groups or informed nearby authorities, but no one claimed it. These actions demonstrate that you made reasonable efforts to return the item.
You Are the Rightful Owner of the Property:
- Explanation: Penal Code § 485 PC only applies to the misappropriation of lost property. If you are, in fact, the rightful owner of the property or had a legitimate claim to it, then you cannot be convicted under this statute.
- Example: You picked up an item that you had previously lent to someone and they left it behind. In this case, you were simply retrieving your own property.
The Property Was Not Truly Lost:
- Explanation: Sometimes, an item may not be considered lost if it was abandoned or intentionally left behind by the original owner. If you reasonably believed that the property was discarded or abandoned, you may have a valid defense.
- Example: You found an old bicycle left in an alley with no signs of ownership. If the circumstances suggest that it was abandoned rather than lost, you might not be guilty under Penal Code § 485 PC.
Insufficient Evidence:
- Explanation: The prosecution must prove beyond a reasonable doubt that you knew the property was lost, that there were clues identifying the owner, and that you did not make reasonable efforts to return it. If there is insufficient evidence to support any of these elements, you may avoid a conviction.
- Example: If the item you found had no identification or clear indications of who owned it, the prosecution may struggle to prove you violated the law.

Facing charges under Penal Code § 485 PC can be intimidating, but there are numerous defenses available to challenge the allegations. An experienced criminal defense attorney can evaluate the specific details of your case, identify the most suitable defenses, and help you navigate the legal process to achieve the best possible outcome.

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4. What are The Penalties for Violating Penal Code § 485 PC?

Misdemeanor Charges:
- When It Applies: If the value of the misappropriated property is $950 or less, the offense is typically charged as a misdemeanor.
- Potential Penalties:
  - Jail Time: Up to 6 months in county jail
  - Fines: Up to $1,000
  - Misdemeanor Probation: The court may impose misdemeanor (summary) probation, which may include community service, counseling, restitution to the victim, or other conditions.
Felony Charges:
- When It Applies: If the value of the lost property exceeds $950, the offense can be charged as a felony. Additionally, if the defendant has a prior criminal record involving theft or related offenses, the prosecutor may choose to pursue felony charges, even if the property’s value is under $950.
- Potential Penalties:
  - Jail or Prison Time: 16 months, 2 years, or 3 years in county jail (under California’s realignment program)
  - Fines: Up to $10,000
  - Felony Probation: Instead of jail time, the court may grant felony (formal) probation, which includes regular check-ins with a probation officer, restitution payments, and compliance with other court-imposed conditions.
Additional Consequences:
- Restitution: If you are convicted, the court may order you to pay restitution to the victim to compensate for the value of the lost property.
- Criminal Record: A conviction for violating Penal Code § 485 PC can result in a permanent criminal record, which may affect your ability to secure employment, housing, or professional licenses in the future.

“Wobbler” Nature of the Offense

Penal Code § 485 PC is considered a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the specific circumstances. Factors that influence the prosecutor’s decision include:

The value of the property
Your criminal history
The details of the alleged offense (e.g., the level of effort you made to find the property’s owner)

Misdemeanor vs. Felony – How It’s Determined

Property Value Under $950: Typically charged as a misdemeanor.
Property Value Over $950: Can be charged as a felony, especially in cases involving high-value items like jewelry, electronics, or cash.

Violating Penal Code § 485 PC can result in significant legal penalties, ranging from fines and probation to jail or prison time, depending on the severity of the offense. If you are facing charges, it’s essential to seek legal advice from an experienced criminal defense attorney who can help you understand your rights, build a strong defense, and potentially reduce or dismiss the charges against you.

5. What are The Related Offenses To Penal Code § 485 PC?

Penal Code § 484 PC – Petty Theft:
- Overview: Petty theft occurs when a person unlawfully takes someone else’s property valued at $950 or less with the intent to permanently deprive the owner of it.
- Relation to Penal Code § 485 PC: If you find lost property and take it without trying to locate the owner, you might face petty theft charges if the value of the property is $950 or less. This is particularly true if there’s no clear indication that the property was lost, making it a straightforward theft case.
Penal Code § 487 PC – Grand Theft:
- Overview: Grand theft involves taking property valued at more than $950, either by stealing, fraud, or embezzlement.
- Relation to Penal Code § 485 PC: If the lost property you took is valued at more than $950 and you failed to return it or made no attempt to find the owner, you could be charged with grand theft instead of or in addition to misappropriation of lost property.
Penal Code § 496 PC – Receiving Stolen Property:
- Overview: It is illegal to buy, receive, or possess property that you know has been stolen or obtained through theft.
- Relation to Penal Code § 485 PC: If you find lost property and are aware that someone else has stolen it or intend to keep it without returning it to the rightful owner, you could be charged under Penal Code § 496 PC for receiving stolen property. This is especially relevant if you take lost items that you suspect were previously stolen.
Penal Code § 488 PC – Petty Theft of Lost Property:
- Overview: This is a specific form of petty theft that applies when a person unlawfully takes lost property without attempting to return it to its rightful owner, with the property’s value being $950 or less.
- Relation to Penal Code § 485 PC: Penal Code § 488 PC is often charged in situations similar to § 485 PC, but it emphasizes the act of taking lost property rather than the misappropriation aspect.
Penal Code § 470 PC – Forgery:
- Overview: Forgery involves altering, creating, or using a false document with the intent to commit fraud.
- Relation to Penal Code § 485 PC: If you find lost property such as a checkbook, credit card, or other financial instruments and attempt to use or alter them, you could be charged with forgery in addition to misappropriation.
Penal Code § 602 PC – Trespassing:
- Overview: Trespassing occurs when a person enters or remains on someone else’s property without permission.
- Relation to Penal Code § 485 PC: If you trespass to retrieve or find lost property and then take it without making an effort to find the owner, you could face both trespassing and misappropriation charges.
Penal Code § 666 PC – Petty Theft with a Prior:
- Overview: This statute applies when a person commits petty theft after having prior theft-related convictions, elevating the current petty theft to a more severe offense.
- Relation to Penal Code § 485 PC: If you have a previous theft conviction and are charged with misappropriating lost property valued at $950 or less, the prosecution may charge you with “petty theft with a prior,” which carries harsher penalties.

How These Offenses Relate

Many of these related offenses, like petty theft, grand theft, or receiving stolen property, involve the unlawful possession or handling of another person’s belongings.
The main distinction with Penal Code § 485 PC is that it specifically deals with situations where you find lost property and fail to make reasonable efforts to return it, whereas related offenses often involve deliberate acts of theft, deception, or handling known stolen property.

Understanding the various offenses related to Penal Code § 485 PC is crucial, as they highlight the different ways individuals can face charges for handling another person’s property unlawfully. If you’re facing charges under Penal Code § 485 PC or any related offense, seeking guidance from an experienced criminal defense attorney is essential to navigate the complexities of the legal process and develop a strong defense strategy.

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