Mr. Plow said:
You just compared a disc golf disc to a car. Next time you lose your car on the fairway, or throw it into a lake let me know. Then you have an adequate comparison.
Property laws make no allowance for the worth or perceived value of the property, beyond stating that theft of items above a certain value elevates the charge associated with the theft from a misdemeanor to a felony.
You seem to think also that the method or reason for the loss is taken into account in property law. Again, you are mistaken.
If you have my property, and I can prove that it's my property (eg- by my massive checkerboard, nickname, PDGA number and email address on the bottom of a golf disc) and you have no documentation to show that I consented to transfer of ownership, if I claim that you stole it or that you aren't authorized to be in posession of it, you are at fault according to the law.
I don't care how you
feel about the subject, I was speaking solely in terms of the
law on the subject. We've done a bit of research on that very subject locally when we found one of the river rats was selling off plastic with people's info on it (he was pretty dumb about it...he sold my buddy my ESP Comet marked "$20 reward for return" for $5).
On a related note, I DID lose my car keys on a golf course...spent the entire next day out there with a metal detector trying to find them! Wish I had THAT day back...
Mr. Plow said:
ID theft is called fraud. Car theft is called grand larceny. Child theft (that sounds strange) is called kidnapping. Pulling a disc golf disc out of water and keeping it constitutes none of these things.
If you pull my disc out of the water and keep it, and I see you with it and alert the police, telling them it was stolen, one of three things happens:
1. You give it back when the cops show up and I agree not to press charges (some municipalities will press charges regardless of my wishes, apparently)
2. You are given the lesser charge of "posession of stolen property"
3. You are charged with both "posession of stolen property" and the theft of that property.
That's just how it goes, no matter how you feel about it. I'd be a screaming douchebag for calling the cops on someone for having one of my discs, but if I offer a fair amount to get my property back and that person decides to be a screaming douchebag and refuses to give me back what's mine, that's their problem.