What does Theft by unlawful taking-movable property?

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Latest post 03-20-2011 11:02 PM by adjuster jack. 8 replies.
  • 03-20-2011 9:40 PM

    What does Theft by unlawful taking-movable property?

    I am trying to find online what the crime is if it is commited.  Can anyone tell me what this means in layman terms please?

  • 03-20-2011 9:49 PM In reply to

    Re: What does Theft by unlawful taking-movable property?

  • 03-20-2011 9:50 PM In reply to

    • Drew
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    • Joined on 03-30-2000
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    Re: What does Theft by unlawful taking-movable property?

    Class of crime may depend on value stolen

    3921 Theft by Unlawful Taking or Disposition (during disaster or firearm) F2 8 2 3921* Theft by Unlawful Taking or Disposition (over $100,000) F3 8 1 3921* Theft By Unlawful Taking or Disposition (over $50,000 to $100,000) F3 7 1 3921* Theft By Unlawful Taking or Disposition (over $25,000 to $50,000) F3 6 1 3921* Theft by Unlawful Taking or Disposition (over $2,000 to $25,000, or if the property is an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle) F3 5 1 3921 Theft by Unlawful Taking or Disposition ($2,000 or less, from person or by threat or in breach of fiduciary obligation) M1 3 m 3921 Theft by Unlawful Taking or Disposition ($200 to $2,000) M1 3 m 3921dmd[lowbar]11;supp Theft by Unlawful Taking or Disposition ($50 to less than $200) M2 2 m 3921 Theft by Unlawful Taking or Disposition (less than $50) M3 1 m



  • 03-20-2011 9:51 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    Re: What does Theft by unlawful taking-movable property?

    Sorry-table won't copy properly-- But ranges from a misdemeanor 3 to a felony 3



  • 03-20-2011 9:54 PM In reply to

    Re: What does Theft by unlawful taking-movable property?

    I did a background report on someone I am suing because he had a dirt bike of mine and it was stolen off of his property.  One his background he had several charges of theft by unlawful taking-movable property.  I'm just trying to understand it better.

  • 03-20-2011 9:56 PM In reply to

    Re: What does Theft by unlawful taking-movable property?

    Adjuster Jack,

    Your links won't work.

  • 03-20-2011 10:06 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,510

    Re: What does Theft by unlawful taking-movable property?

    He stole a lot of stuff!

    But thats not relevant unless you can bring his history against him as a credibility problem.

    Did he take your bike or did you leave it there in his care and while there it disappeared?

    If it disappeared inhis care (a simple bailment)   --you probably need to prove he was negligent.

    Unless youcan prove he took it and sold it elsewhere.



  • 03-20-2011 10:15 PM In reply to

    Re: What does Theft by unlawful taking-movable property?

    I'll try to explain in short Drew because I asked questions regarding this case before.

     

    Yes we are going to court, yes I have it to use as hurt his credibility.  He was starting out a business.  He claims he was using a garage to work on the bike but it was "chained" up on his porch the night it was stolen.  He had it at his house in his care.  I'm not to concerned with proving negligence because I have several text messages and emails already showing after the bike was stolen that he already agreed to pay for the bike to make everything right. 

    IF I have to prove negligence, the only thing I have it that I have proof through emails and texts that it was being stored in a garage but when it was stolen it was chained up outside.

     

  • 03-20-2011 11:02 PM In reply to

    Re: What does Theft by unlawful taking-movable property?

    aerogirl34:

    Adjuster Jack,

    Your links won't work.

    Try these.

    The statute (3921):

    http://law.justia.com/codes/pennsylvania/2010/title-18/chapter-39/3921/

    The definitions (3901):

    http://law.justia.com/codes/pennsylvania/2010/title-18/chapter-39/3901/

    aerogirl34:

    I did a background report on someone I am suing because he had a dirt bike of mine and it was stolen off of his property.  One his background he had several charges of theft by unlawful taking-movable property.  I'm just trying to understand it better.

    Unfortunately, understanding the statute won't explain what he did.

    For that, you'll have to go to the courthouse and review the case files.

     

    aerogirl34:

    I'm not to concerned with proving negligence because I have several text messages and emails already showing after the bike was stolen that he already agreed to pay for the bike to make everything right. 

    IF I have to prove negligence, the only thing I have it that I have proof through emails and texts that it was being stored in a garage but when it was stolen it was chained up outside.

    Unfortunately, you ARE going to have to prove negligence.

    PA Rules of Evidence 404(b) states that evidence of prior crimes is not admissible. Paragraphs (1) and (2) apply to civil cases as well as criminal cases:

    http://www.pacode.com/secure/data/225/chapter4/chap4toc.html

    Besides, you don't have to attack his credibility. He could be the most rotten person on earth (even the equivalent of Jeffrey Daumer) and it won't matter a bit because your case is that he had a duty to properly safeguard the bike while in his possession and he didn't. Anything else is irrelevant.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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