Tortoise stolen!

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AArdvark
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Tortoise stolen!

Post by AArdvark » Sat Jun 06, 2020 3:13 pm


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Tdarcos
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Re: Tortoise stolen!

Post by Tdarcos » Sat Jun 06, 2020 7:53 pm

AArdvark wrote:
Sat Jun 06, 2020 3:13 pm
https://www.usatoday.com/story/news/nat ... 148313001/

This wasn't looters!
Actually, neither were the people rioting, breaking into stores and stealing things in New York City. Unlike California, which has a separate, specific law to cover looting, which means to commit certain crimes (like burglary) during a declared emergency, New York has no such law.

As to how serious this tortoise theft is, it depends on how they stole it. NY Penal Law § 140.20: Burglary in the third degree is defined as a "person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

Burglary in the third degree is a class D felony" (max 7 years in prison. If the person who did it is caught and will take a plea bargain, but has a clean record, (and the tortoise is unharmed) they might get as little as less than a year in jail/prison plus several years probation, depends on how the prosecutor and the judge feel.)

A "building" is defined very broadly to mean any structure, including cars. So if the animal was inside something, it's at least Burglary 3. Since the article said he was kept in a climate controlled area, I think it qualifies as being inside a "building." But it doesn't stop there.

If the building where the tortoise was is also set up for people to use, like a viewing area, and the theft was done using a dangerous weapon (a crowbar might count, or anything that could be used to break in, like sledge hammers), then it could be second degree burglary, which is considered a violent crime, with a minimum of 3½ to a maximum of 15 years in prison.

So if they just used, say, a block and tackle to remove the tortoise, and the doors were not locked (or they only used lockpicking tools) it's "only" burglary 3. But if they had to break into a building that people could visit, and had items that can be used as weapons, it could be charged as burglary 2.

However, since it's unlikely anyone would be in the building at the time the tortoise was stolen, it's probably Burglary 3. But it might be less.

If where the tortoise was is not a building, then it's either petit (petty) larceny or grand larceny.

The lowest-level theft offense in New York is called "petit larceny," or petty theft, which is the unlawful taking of property or services valued at no more than $1,000. New York law classifies petit larceny as a class A misdemeanor. (N.Y. Penal Law § 155.25.) The max penalty is "imprisonment for a term not to exceed one year and a fine not to exceed $1,000."

If the tortoise is worth more than $1,000, which I'm pretty much certain is the case, "the offense is grand larceny in the fourth degree, a class E felony under New York law. (N.Y. Penal Law § 155.30.)

Conviction of a class E felony in New York carries a potential sentence of imprisonment for a term not to exceed four years, and a fine not to exceed the greater of $5,000 or double the amount of the offender's gain from the theft."

In short, whoever did this is looking at a felony charge if caught. Tortoise burglary in the third degree, or grand theft tortoise.
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AArdvark
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Re: Tortoise stolen!

Post by AArdvark » Sat Jun 06, 2020 8:15 pm

How can you type so much q with a runaway keyboard?

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Tdarcos
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Re: Tortoise stolen!

Post by Tdarcos » Sat Jun 06, 2020 10:36 pm

AArdvark wrote:
Sat Jun 06, 2020 8:15 pm
How can you type so much q with a runaway keyboard?
Remember, I said i would replace my malfuncting keyboard with my old one. Which I did. That's what I'm using when I'm on my compute4.


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Jizaboz
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Re: Tortoise stolen!

Post by Jizaboz » Sun Jun 07, 2020 12:11 am

Lol

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