Asked in Criminal Law and Domestic Violence for Kansas

Q: Can someone be charged for theft of a stolen item, even if that person does not have, nor has ever been seen with item?

Local sheriff detectives are threatening to have my mom and 2 sisters arrested because an already stolen cement saw came up missing from my one sisters ex boyfriends house, whom she left after he beat her and pulled a gun on her and my other sister and her bf. Yet they are not charging him with that because they can't find the gun, only have video of the convicted felon, who is on probation or parole, purchasing said gun from a pawn shop. They don't have the saw, nor would they ever need it!!

1 Lawyer Answer

Michael Duma

PREMIUM
Answered
  • Criminal Law Lawyer
  • Olathe, KS
  • Licensed in Kansas

A: Yes. It is not necessary for that person to currently possess the item in order to have stolen it. That person could have stolen the item and subsequently resold or otherwise disposed of it. Thus, it is possible to be charged with theft even if the defendant does not “have” the item.

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