California Penal Code Section 485 PC: Misappropriation Of Lost Property

California Penal Code Section 485 PC: Misappropriation Of Lost Property

We’ve all been there – you find a wallet on the ground, or a phone left behind on a bus seat. Your first instinct is probably to pick it up and try to return it to its rightful owner. But what does the law actually say about what to do when you find lost property in California? Let’s break it down.

California Penal Code Section 485 PC specifically covers the crime of misappropriating lost property. Essentially, it says that if you find lost property and know or can easily find out who it belongs to, you can’t just keep it for yourself – you have to make a reasonable effort to return it. If you don’t, you could be charged with theft.

What Does the Law Say?

The actual text of PC 485 states:

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

Let’s break that down into plain English:

• You find someone else’s lost property
• There are clues that would allow you to figure out or contact the real owner
• Instead of trying to return it, you keep the property for yourself or give it to someone else
• You didn’t make reasonable efforts to find the real owner and give it back to them

If all of those conditions are met, you could be charged with theft under PC 485.

What Counts as Reasonable Efforts?

A key part of PC 485 is that you have to make “reasonable and just efforts” to find the true owner. But what exactly does that mean?

Unfortunately, there’s no single checklist of what constitutes reasonable efforts. It depends a lot on the specific circumstances. But in general, reasonable steps could include:

• Looking for contact info, IDs, or other identifying information in the lost property
• Turning the item into nearby businesses or authorities (like the police)
• Calling or emailing contacts listed on a phone or computer
• Posting about it on community boards or social media
• Running ads in local newspapers or websites

Basically, you need to make a good faith effort to get the property back to its rightful owner. If it’s something with no identifiers and no way to trace the owner, keeping it or disposing of it is probably fine. But if there are steps you could reasonably take and you just choose not to, that’s when it becomes misappropriation.

What Kind of Property Does This Cover?

PC 485 applies to all forms of lost property, both tangible and intangible. Some common examples include:

• Wallets, purses, or bags containing IDs, credit cards, cash, etc.
• Phones, laptops, tablets, or other electronics
• Keys or keychains
• Clothing, jewelry, accessories
• Watches, fitness trackers, etc.
• Bicycles, scooters, skateboards
• Wallets or currency, physical or digital
• Gift cards or store credits
• Tickets to events
• Collectibles or memorabilia
• Items with engraved names or initials
• Legal documents, financial statements
• Pets with collars, tags, or microchips

Basically, if it’s lost property and it has some way to identify or contact the owner, you need to make reasonable efforts to return it under PC 485.

What Are the Penalties?

Violating PC 485 can be charged as either a misdemeanor or an infraction, depending on the circumstances. The potential penalties include:

• Infraction – Fine up to $250
• Misdemeanor – Up to 6 months in county jail, a fine up to $1,000, or both

In general, misappropriating property worth less than $950 will be charged as an infraction. Anything valued at $950 or more can be charged as a misdemeanor.

If this is your first offense, you’ll likely just get a fine or community service. But repeated violations could result in increasing penalties. And if the property is especially valuable, you could potentially be charged with felony grand theft.

Related Offenses

There are a few other offenses that are related to or overlap with misappropriation of lost property under PC 485:

Petty Theft – PC 488

If the lost property is worth less than $950, misappropriating it can be charged as petty theft under PC 488 in addition to or instead of 485. This is a misdemeanor with penalties similar to 485.

Grand Theft – PC 487

For property worth more than $950, misappropriating it may be charged as grand theft under PC 487. This is a wobbler offense that can be filed as either a misdemeanor or felony.

Receiving Stolen Property – PC 496

If you know or suspect the lost property is stolen, keeping it instead of returning it could also violate PC 496. This covers buying, selling, withholding, or concealing stolen property.

Shoplifting – PC 459.5

If you find lost merchandise in a retail store and leave with it instead of turning it in, you could be charged with shoplifting under PC 459.5.

Possible Defenses

There are a few common defenses that could get a PC 485 charge reduced or dismissed entirely. Some potential defenses include:

• You didn’t know the property was lost or abandoned
• There was no reasonable way for you to identify or locate the owner
• You made reasonable efforts to return the property that were unsuccessful
• You intended to return the property after temporary use
• Someone else (not you) misappropriated the property
• You had a valid legal claim to ownership of the property

An experienced criminal defense attorney can help argue one of these defenses and get your charges reduced or dismissed. Don’t try to navigate the legal system alone.

What Should You Do If You Find Lost Property?

Here are some tips on the best practices for handling found property to avoid running afoul of PC 485:

• Look for any identifying information like names, contact info, IDs, etc.
• If possible, immediately contact the owner directly to arrange returning it.
• Turn the item into the police, a business where it was found, or other lost and found.
• Post about it on community boards and social media to try to locate the owner.
• Don’t keep or use the property unless absolutely needed, and only temporarily.
• Avoid spending money, accessing accounts or personal information, transferring balances, etc.
• Document your efforts to return the property in case questions arise later.

Following these guidelines will show you made sincere efforts to return lost items to their rightful owners as required by law.

The Bottom Line

Finding lost property can seem like a lucky break. But before you decide to keep that lost cash or cell phone you found, be aware that there are laws around what you’re required to do. Under California PC 485, you must make reasonable efforts to return found property if there’s any way to identify the owner. If you fail to do so, you could face theft charges and penalties. So do the right thing – try your best to reunite lost items with their original owners!