Appropriation of Lost Property with Knowledge or Means of Inquiry as to the True Owner Prosecution: California Penal Code Section 485

To prove that the defendant is guilty of appropriation of lost property with knowledge or means of inquiry as to whom the true owner is, the prosecution must show that:

1)      The defendant took an item of value, with knowledge or the ability of finding it’s rightful owner; AND

2)      The defendant did not make a reasonable attempt to locate the lawful owner;

3)      The defendant took possession of property owned by someone else;

4)      The defendant took the property without the owner’s consent;

5)      When the defendant took the property (he/she) intended to deprive the owner of it permanently or to remove it from the owner’s possession for an extended period of time such that the owner would be deprived of a major portion of the value or enjoyment of the property;

6)      The defendant moved the property, even a small distance, and kept it for any period of time, however brief.

Upon determining that a theft was committed, the prosecution will then decide whether the theft was a grand theft or a petty theft.  Whether the prosecution will file felony or misdemeanor charges in a particular case will depend upon the value of the property in question.