No unfortunately according to the law. There is no criminal intent; negligence does not rise to that level. It is a tort, remedied in a civil proceeding. There have been many threads on FR for the same “crime” that happens all the time.
posted on 08/28/2013 7:28:30 PM PDT
("When there is no penalty for failure, failures proliferate." George F. Will)
No, it is criminal negligence resulting in theft and burglary. DA's just aren't willing to prosecute it because the easy path is to tell the victim to file a civil claim. I actually just had this discussion with my local DA and Assemblyman. Our DA is waiting for a pattern of abuse to emerge from one company and then he will go after them on RICO and the above. The Assemblyman is working on legislation to make it illegal- a low level felony. Unfortunately our Assembly is out of session for 18 months (in this case)
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