Results 1 to 7 of 7
  1. #1

    Post Caught Stealing from a College Bookstore

    My question involves criminal law for the state Indiana.

    I am writing this forum for SWIM (someone who isn't me) because I am trying to help them out. Before I start, I want to just clarify I am fully aware of the mistakes SWIM made and that he/she deserves anything coming their way. I'm not posting this to get any negative comments about SWIMs behavior, just simply legal advice from those who are educated in the matter. Please keep your comments to yourself if they are demeaning or harsh even if the statements are true.

    Recently SWIM was caught only on camera stealing textbooks from a university bookstore that they previously attended. No cops were called during the incident, even though it was a reoccurring incident. (2 maybe 3 times). SWIM would walk into the bookstore and steal textbooks with the intentions of selling the textbooks elsewhere for fast cash. Recently however, SWIM received a letter that was titled, "Criminal Trespass Notification" with an *Anonymous State*.C. 35-42-2-2 (Criminal Trespass) . The details of the notification were (in summarized form)

    A person who:
    1) Has no contractual interest in the property after being denied entry by that persons agent.
    2) Has no contractual interest in the property after being ASKED TO LEAVE by that persons agent.
    3) (this is the most concerning for SWIM) Knowingly or intentionally entering without persons consent commits criminal trespass. A CLASS A misdemeanor. However, the offense is a CLASS D felony if committed on a school property, or the person has prior unrelated conviction for an offense under this same section concerning the same property.

    This is what SWIM said.

    1) No one at the time of the incident confronted or apprehended SWIM.
    2) After the incident, and PRIOR to the Criminal Trespass Notification, no warning or contact was made notifying that SWIM was denied access to the University.
    3) As stated in 2) all that was received concerning the incident was an electronic letter as well as a hard copy of the Trespass Notification.

    SWIMs QUESTIONS

    1) Can SWIM STILL be convicted of theft/burlary/trespassing even though there was no prior warning about keeping off the property?
    2) Other than staying clear of the property, is SWIM still at risk of having any further problems or charges other than the notification received?
    3) Will SWIM be able to walk out of this situation with just a slap on the wrist? Or is this notification a warrant for an arrest or a citation of some sort?
    4) If the university tries to press charges for trespassing, since SWIM was not notified prior to the second time entering the university which is when SWIM received the trespass notification, can SWIM use no prior warnings as a defense in court?
    5) SWIM wants to know, "What the hell is a Criminal Trespass Notification with a state code 35-42-2-2?

    Please answer truthfully and keep negative comments about SWIM to yourself. Thanks.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Caught on Camera Stealing from College Bookstore, Not Confronted but Received Let

    The correct citation is IC § 35-43-2-2. It is the statute for criminal trespass. Now that SWIM has been notified in writing not to come back he risks arrest and prosecution for criminal trespass should he ever step foot in that store again, even if he doesn’t steal anything. That’s the purpose of the letter he received. It also tells you that they’ll be watching him closely for theft should he go there before they have him arrested on the trespass. So from here on out he’d be well advised never to return to that store and certainly he ought not try to steal from there.

    As for the shoplifting he’s already done, the store may report it at anytime. If it is still within the statute of limitations then he may still be arrested and charged for those theft crimes. Having a theft conviction against him would seriously hurt future job opportunities and potentially have other adverse consequences for him. Considering the relatively small amount he gets from the thefts I’d say the risk he’s taking isn’t worth it, quite aside from the moral aspect of it.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Caught on Camera Stealing from College Bookstore, Not Confronted but Received Let

    1) Can SWIM STILL be convicted of theft/burlary/trespassing even though there was no prior warning about keeping off the property?

    She can certainly be convicted of theft/burglary. As to the trespassing, the trouble with summarizing the letter is that your summary might not be accurate. At any rate the accuser would have to present evidence of the warning to make the trespassing charge stick. The letter, itself, may be the warning not to come back.

    2) Other than staying clear of the property, is SWIM still at risk of having any further problems or charges other than the notification received?

    Yes. Should the incidents be reported to the police, the prosecutor would decide on what charges to file and what gets filed is impossible to predict.

    3) Will SWIM be able to walk out of this situation with just a slap on the wrist?

    Doubtful. Theft is a Class D Felony per Indiana Code 35-43-4-2:

    http://codes.lp.findlaw.com/incode/35/43/4/35-43-4-2

    Or is this notification a warrant for an arrest or a citation of some sort?

    Again, I'm not seeing the letter word for word nor have you said where it came from. If it came from the University, it might be just a warning. Did the letter instruct SWIM to do something?

    4) If the university tries to press charges for trespassing, since SWIM was not notified prior to the second time entering the university which is when SWIM received the trespass notification, can SWIM use no prior warnings as a defense in court?

    For a trespassing charge, possibly. For the theft, no.

    5) SWIM wants to know, "What the hell is a Criminal Trespass Notification with a state code 35-42-2-2?

    For one thing you've got the statute number wrong. It's 35-43-2-2:

    https://www.lawserver.com/law/state/...code_35-43-2-2

    As to the answer to the question all SWIM has to do is look at the document itself for an explanation of what it is.

    You might get better comment if you posted a photocopy of the document after redacting any identifying information.

    It might be just a warning. Or SWIM might be on a watch list like the following:

    http://cms.bsu.edu/about/administrat...esspassnotices

  4. #4

    Default Re: Caught on Camera Stealing from College Bookstore, Not Confronted but Received Let

    The details of the notification are as follows.

    Trespassers name : SWIM

    I.C. 35-43-2-2 (you are correct, on the notification it was wrongly cited)

    A person who:

    (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
    (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
    (3) not having a contractual interest in the property, knowingly or intentionally Enters the dwelling of another person without the persons consent commits criminal trespass, a CLASS A misdemeanor. However, the offense is a class D felony if it is committed on a scientific research facility, school property, or the person has unrelated convictions under this section regarding the same property.

    SWIM doesn't know what to do. They know the mistake made and the cost they could pay, but being realistic what could happen now? They believe that this was a warning, which I forgot to mention was received via email, it hasn't came in the mail yet but is expected. Do you think that it's possible this is as far as the university is going to take the matter? Or do you think that they are going to do something further about the matter (theft). Keep in mind SWIM was not confronted at the time of the incident. The only evidence is being on camera which is most likely why they wrote the trespass notification. The notice was also filed by a campus police officer which doesn't change the fact that he is still a real officer. One would think that if the university was going to press charges they would have done so before the trespass notification, or along with it atleast. Any thoughts for SWIM? SWIM is trying to take all this in and figure out what needs to be done from here to make sure that it ends in SWIMs favor. Other than not stealing like a fool or setting foot on campus.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Caught on Camera Stealing from College Bookstore, Not Confronted but Received Let

    Quote Quoting Blackcat@1234
    View Post
    The details of the notification are as follows.

    Trespassers name : SWIM

    I.C. 35-43-2-2 (you are correct, on the notification it was wrongly cited)

    A person who:

    (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
    (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
    (3) not having a contractual interest in the property, knowingly or intentionally Enters the dwelling of another person without the persons consent commits criminal trespass, a CLASS A misdemeanor. However, the offense is a class D felony if it is committed on a scientific research facility, school property, or the person has unrelated convictions under this section regarding the same property.
    Is that it?

    Nothing instructing SWIM to do something or not do something?

    SWIM doesn't know what to do.

    That's easy. Stay the hell away from the bookstore and stop stealing.

    They know the mistake made and the cost they could pay

    Wish I had a buck for every time I read a criminal's lament about potential punishment after they get caught. Doesn't seem to bother anybody while they are committing the crime.

    being realistic what could happen now?

    Realistically? Anywhere between nothing and the police hauling SWIM away in handcuffs. Seriously, there's no way to speculate. SWIM will just have to sweat out his/her stupidity for a while.

    They believe that this was a warning, which I forgot to mention was received via email, it hasn't came in the mail yet but is expected. Do you think that it's possible this is as far as the university is going to take the matter?

    I think it's a warning, too. Yes, it's possible that this is as far as the university is going to take the matter. No guarantees, of course.

    Or do you think that they are going to do something further about the matter (theft). Keep in mind SWIM was not confronted at the time of the incident. The only evidence is being on camera which is most likely why they wrote the trespass notification. The notice was also filed by a campus police officer which doesn't change the fact that he is still a real officer. One would think that if the university was going to press charges they would have done so before the trespass notification, or along with it atleast. Any thoughts for SWIM? SWIM is trying to take all this in and figure out what needs to be done from here to make sure that it ends in SWIMs favor. Other than not stealing like a fool or setting foot on campus.

    Again, you're asking for speculation and it's really anybody's guess as to what might or could happen.

    I do have one suggestion for SWIM.

    Respond to the notice like this:

    "I would like to pay for the books in question (or return them) and have the trespass notice rescinded. Please tell me how much to pay and where to bring the money (or the books) and I will bring it immediately. Thank you for your cooperation. Sincerely, SWIM."

    If SWIM is a low life who doesn't want to make restitution then SWIM gets to SWEAT for a while. (Scared While Expecting A Trouble) Best I could do for an acronym on short notice.

    PS: I really like the SWIM acronym. I was raised with two sisters and a brother. Could have used it back then.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Caught on Camera Stealing from College Bookstore, Not Confronted but Received Let

    An attorney would not advise SWIM to follow that advice.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Caught on Camera Stealing from College Bookstore, Not Confronted but Received Let

    Quote Quoting llworking
    View Post
    An attorney would not advise SWIM to follow that advice.
    True.

    And this video supports that comment.

    https://www.youtube.com/watch?v=6wXkI4t7nuc

    SWIM would be wise to consult at attorney before responding.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Employee Theft at College Bookstore
    By HungerGames in forum Criminal Charges
    Replies: 8
    Last Post: 10-18-2014, 06:50 AM
  2. Retail Fraud / Shoplifting: Caught Stealing - Will it Affect College
    By sidg in forum Criminal Charges
    Replies: 1
    Last Post: 09-27-2012, 07:28 AM
  3. Retail Fraud / Shoplifting: Petty Theft from a College Bookstore - First Offense
    By PureMotive in forum Criminal Charges
    Replies: 2
    Last Post: 10-27-2011, 09:18 AM
  4. Retail Fraud / Shoplifting: Stealing Books from My Bookstore
    By JayPark in forum Criminal Charges
    Replies: 3
    Last Post: 09-24-2011, 06:13 PM
  5. Retail Fraud / Shoplifting: Shoplifting From A College Bookstore In California
    By kvcastil in forum Criminal Charges
    Replies: 4
    Last Post: 04-10-2008, 04:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources