14 yr old pilot

Gotta have some intent to go with that felony. If he stole moms car
(unlikely in most States since you can't really steal what essentially is
yours within a family.)

If he stole the plane, and then went joyriding in it, that's not a theft in
most States either. If he stole it and sold it, or parted it out etc. then
it may qualify.


"George Patterson" wrote in message
news:Sfpte.20872$ej1.16080@trndny09...
Larry Dighera wrote:

Which would those be?

Stealing an item worth over a certain amount of money is grand larceny.
I'm quite sure both the aircraft and the car qualify.

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft in
most States either.

That's grand theft in every State in which I've lived. That would be Tennessee,
Georgia, both Carolinas, and New Jersey.

How the hell can anyone say with a straight face that stealing isn't theft?

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...
John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

How the hell can anyone say with a straight face that stealing isn't
theft?

In many states, the law distinguishes unauthorized use from theft. If you
intend to keep it (or to destroy it, or to pass it on to someone else), then
you've stolen it; if you just intend to ride around briefly and let the
owner have it back, then you've made unauthorized use of it, which is a
lesser offense. (I'm not sure how the burden of evidence works with regard
to that distinction.)

That's grand theft in every State in which I've lived. That would be
Tennessee, Georgia, both Carolinas, and New Jersey.

Are you sure? How do you know?

--Gary

Gary Drescher wrote:

"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

How the hell can anyone say with a straight face that stealing isn't
theft?


In many states, the law distinguishes unauthorized use from theft. If you
intend to keep it (or to destroy it, or to pass it on to someone else), then
you've stolen it; if you just intend to ride around briefly and let the
owner have it back, then you've made unauthorized use of it, which is a
lesser offense. (I'm not sure how the burden of evidence works with regard
to that distinct
Peoples' Republic of MA doesn't want kids to have their records ruined
by a grand theft conviction. So they invented "unauthorized use".

Personally, and I know you didn't ask, I think felony convictions should
be tattooed between the 8th and 9th ribs. This area is the least likely
to be damanged in accidents. If guy is a multiple offender or there is
evidence of a scar because a previous tattoo has been removed, fire up
Old Sparky.

__________________________________________________ _____________________________
William W. ("Bill") Plummer
7 Country Club Drive
Chelmsford, MA 01824
978-256-9570

Gary Drescher wrote:
"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

....

That's grand theft in every State in which I've lived. That would be
Tennessee, Georgia, both Carolinas, and New Jersey.

Are you sure? How do you know?

Well, let's look.

In Georgia, section 16-8 of the criminal code defines theft as permanently or
temporarily depriving the owner of his property. It is considered a felony if
the value of the item is greater than $500 or if the item is a motor vehicle.

In Tennessee, section 55-5-104 defines taking a vehicle for the purposes of
joyriding as a class-E felony. The aircraft is not defined as a motor vehicle
and falls under the grand larceny section. Warning - this is the slowest web
site it has been my misfortune to encounter in over 10 years.

North Carolina does not post the criminal code (except for an excerpt dealing
with student offenses).

In South Carolina, section 16-21-60 defines taking a vehicle for the purposes of
joyriding as a misdemeanor. Theft of any other item worth over $1,000 is defined
as a felony in section 16-13-30. The plane is not defined as a motor vehicle.

In New Jersey, section 2C:20-10 states that temporary use of a motor vehicle
without permission is a "3rd-degree offense." Temporary use of a conveyance such
as an aircraft would be a "4th-degree offense." In this case, of course, it's
grand theft (a 3rd degree offense) because he totalled it out and can't return
it. You can find that in sections 2C:18-6, 2C:20-1, and 2C:20-2.

New Jersey does not break down crimes in the same way that other States do; all
offenses from 1st degree to 4th degree are considered "crimes" or "high
misdemeanors" and carry the penalties defined for felonies in other States.
Non-felonies are termed "disorderly person offenses" or "misdemeanors" and are
not considered crimes by the State. Disorderly person offenses carry sentences
of 6 months or less. Crimes carry sentences of 1 year or more. Most of that is
in section 2C:1-4.

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

"George Patterson" wrote in message
news:IcFte.33$PZ6.19@trndny08...
Gary Drescher wrote:
"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

That's grand theft in every State in which I've lived. That would be
Tennessee, Georgia, both Carolinas, and New Jersey.

Are you sure? How do you know?

Well, let's look.
...

Cool, thanks for the useful info!

However, in the TN code, I find:
"39-14-106. Unauthorized use of automobiles and other vehicles--Joyriding. A
person commits a Class A misdemeanor who takes another's automobile,
airplane, motorcycle, bicycle, boat or other vehicle without the consent of
the owner and the person does not have the intent to deprive the owner
thereof."

Note that a crash that destroys the vehicle would not keep the joyriding
statute from being applicable, unless the perpetrator had the *intent* to
cause such a crash.

I haven't checked the other states' statutes, but suffice it to say that
even among the states you've lived in, it is not unheard of for the law to
consider unauthorized joyriding in a car or plane to be less serious than
grand theft.

--Gary

"Gary Drescher" wrote in message
...
"George Patterson" wrote in message

Well, let's look.
...

Cool, thanks for the useful info!

However, in the TN code, I find:
"39-14-106. Unauthorized use of automobiles and other vehicles--Joyriding.
A
person commits a Class A misdemeanor who takes another's automobile,
airplane, motorcycle, bicycle, boat or other vehicle without the consent
of
the owner and the person does not have the intent to deprive the owner
thereof."

He didn't _intend_ to take the car, the car just swept him up and drove off
down the road with him...


Note that a crash that destroys the vehicle would not keep the joyriding
statute from being applicable, unless the perpetrator had the *intent* to
cause such a crash.

I haven't checked the other states' statutes, but suffice it to say that
even among the states you've lived in, it is not unheard of for the law to
consider unauthorized joyriding in a car or plane to be less serious than
grand theft.

Well, many states finding figured out that downplaying car theft to
"joyriding" had averse effect and now charge a felony.

IOW, coddling criminals begets further criminal activity. Such is why Rudy
Guliiani had the success he did as NYC mayor.

"Matt Barrow" wrote in message
...
Well, many states finding figured out that downplaying car theft to
"joyriding" had averse effect

Evidence please?

On Mon, 20 Jun 2005 16:40:24 GMT, George Patterson
wrote in YjCte.3$Z.1@trndny05::


How the hell can anyone say with a straight face that stealing isn't theft?

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.

"Larry Dighera" wrote in message
...
On Mon, 20 Jun 2005 16:40:24 GMT, George Patterson
wrote in YjCte.3$Z.1@trndny05::


How the hell can anyone say with a straight face that stealing isn't
theft?

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.

Even if that's true, it has nothing to do with whether or not the act
constitutes theft.

--Gary