APOSTC Legal Practice Exam

Knowingly taking possession of property known to be lost, with a value of $500-$1499, is which offense and degree?

Theft of Property (3rd Degree), felony class D Theft of Lost Property (4th Degree), misdemeanor class A Theft of Lost Property (3rd Degree), felony class D Theft of Property (2nd Degree), felony class C

Correct Answer:

Theft of Lost Property (3rd Degree), felony class D

Explanation:

The key idea is that taking possession of property that is lost, with the knowledge that it’s lost, is charged as Theft of Lost Property rather than ordinary theft. The degree of the offense is then set by how much the property is worth. With a value in the range of $500 to $1499, this falls into the theft-of-lost-property category at the third degree, which is a felony (class D). If the value were lower, or if the property hadn’t been known to be lost, the charge would be a lower degree or a misdemeanor; if the value were higher, it would map to a higher degree felony. So the scenario described best fits Theft of Lost Property in the 3rd Degree, felony class D.

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