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  1. #1
    Join Date
    Oct 2013
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    2

    Exclamation Charged With Stealing a Bike I Thought Was Abandoned

    My question involves criminal law for the state of: Pennsylvania. If someone takes what they assume is an abandoned bike on the side of a city street and is arrested for it, how does he or she prove that it was not their intent to steal the bike? What if you are someone who regularly finds abandoned bikes on the sides of streets and takes them home to fix them up? What does the prosecution need to prove to convict you? How does the defense show that there was no intent to steal? Is it likely that this person would be convicted and if so are they likely to face jail time or have to pay a fine? There is a bait bike program going on in my area of the state that, to me, seems like entrapment. Any advice would be appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Charged With Stealing a Bike I Thought Was Abandoned

    If it's not yours and you take it, that's excellent evidence that you were stealing it. If you don't want to be accused of stealing, consider buying bicycles.

    Somebody who "regularly finds abandoned bikes on the sides of streets and takes them home to fix them up" is almost assuredly a thief.

    It's not entrapment to catch bicycle thieves by placing bicycles for them to steal, as the placement of the bicycle does not make the person any more likely to steal a bicycle. It simply presents the opportunity. Further, if you're stealing "bait" bicycles, you're pretty much abandoning the pretense that you care about whether or not the bicycle is actually abandoned, because "bait" bicycles most assuredly are not.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Charged With Stealing a Bike I Thought Was Abandoned

    unless you were transporting the bike to the police station, you were stealing it. The fact you took the bike and did not intend on taking it to the police station proves intent to steal.


    There is a bait bike program going on in my area of the state that, to me, seems like entrapment.
    that is temptation but it is not entrapment.


    What if you are someone who regularly finds abandoned bikes on the sides of streets and takes them home to fix them up?
    if they get caught while stealing or later with those now stolen bikes, they would likely be prosecuted.

  4. #4
    Join Date
    Oct 2013
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    2

    Default Re: Charged With Stealing a Bike I Thought Was Abandoned

    What if it was trash day & someone leaves a bike or other piece of property for trash collection? Is it theft?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Charged With Stealing a Bike I Thought Was Abandoned

    Quote Quoting MissGee
    View Post
    What if it was trash day & someone leaves a bike or other piece of property for trash collection? Is it theft?
    generally, yes. Ownership is being transferred from the homeowner to the trash collector. If you want something out of somebody's trash you need to ask them if you can have it.

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