Larry Dighera wrote:
I'm not going to look up the statute, but if I recall correctly, in
California a homeowner with a swimming pool in his/her backyard must
have it fenced and keep all gates *locked* or face prosecution for
creating an attractive nuisance. As the airport and aircraft were not
locked in this case, and the ignition key was on a clipboard in the
aircraft, it would seem the aircraft owner was guilty of creating an
attractive nuisance in this case.

It was careless for the ignition key to be there, no doubt, but whatever
happened to the old, basic, 9X-out-of-10 accurate logic that if you TAKE
something that doesn't belong to you without the owner's knowledge,
regardless of what you plan to use it for, you've STOLEN it? or that if
you enter someone else's yard or home without their knowledge, YOU are
the one in the wrong for trespassing, regardless of whether the gate was
locked or not?!

In an effort to twist straightforward laws to suit the rare cases where
someone may have had an explainable reason, they've given the common
criminal who *definitely* knows that what he's doing is against the law
10 different possible defenses and made the owner of the property
responsible for any and all damages in a lot of cases! Go figure.