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#5032979 - 08/23/11 10:39 AM Re: Does the statute of limitations apply to stolen property? [Re: Designer Toast]
AndroidsComics Offline
Collectosaurus Rex


Registered: 06/25/10
Posts: 459
If the police report states those exact items where stolen, and the crime was noted as a felony, then their is no statute of limitations. If the report just says something generic like comic art then you SOL.

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#5033010 - 08/23/11 11:04 AM Re: Does the statute of limitations apply to stolen property? [Re: AndroidsComics]
Mike's Rack Offline
I was posting here when you were in diapers.


Registered: 06/06/11
Posts: 3580
Loc: Peoria, AZ
"Strictly a hypothetical question.

Suppose you had a small portfolio of original art stolen from you in the mid 1980s.
A couple of BA Marvel covers and splash pages. Perhaps the whole thing was worth a couple of hundred dollars at the time, the best piece being a Bob brown DD cover. A police report was filed but no detailed inventory was provided.
Now its 2011 and two of the covers and two interior pages all surface in the same auction. Are you SOL or do you have recourse?"


I am a prosecutor. I may be able to help with this hypothetical. This is not legal advice as I am not licensed to practice outside of Arizona and I do not know what jurisdiction is relevant. Also, I don’t know the facts, just a limited hypothetical. But…

Typically, SOL's vary by jurisdiction; felonies are longer than misdemeanor’s (usually seven years v. one-two years). Misdemeanors can become felonies based on several factors including the value of the property. However, the SOL usually does not begin until the police know or should know the ID of the suspect. In addition, possession of property that one knows is stolen is typically a crime. There are also civil remedies.
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#5033080 - 08/23/11 11:50 AM Re: Does the statute of limitations apply to stolen property? [Re: shadroch]
DavidMerryweather Offline
TOTAL NEWBIE


Registered: 11/21/10
Posts: 8195
Loc: The nearest pub
 Originally Posted By: shadroch
Strictly a hypothetical question.

Suppose you had a small portfolio of original art stolen from you in the mid 1980s.
A couple of BA Marvel covers and splash pages. Perhaps the whole thing was worth a couple of hundred dollars at the time, the best piece being a Bob brown DD cover. A police report was filed but no detailed inventory was provided.
Now its 2011 and two of the covers and two interior pages all surface in the same auction. Are you SOL or do you have recourse?


I have no legal background whatsoever, but in theory you should be able to recover your stolen property even at this late date if you 1) have proof of original ownership, and 2) filed a report with the police describing the items stolen.

The ship has probably sailed on prosecution of the theif or thieves, but the "ownership" of your property in the interim may be traceable, especially since anyone else wanting to claim ownership would need to prove the validity of their acquisition or relinquish it rather than face the accusation of having received stolen property.

Just my 2c
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#5033129 - 08/23/11 12:20 PM Re: Does the statute of limitations apply to stolen property? [Re: DavidMerryweather]
the blob Offline

if the price is right i am game for anything

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Registered: 12/14/04
Posts: 17029
i am not attempting to provide legal advice, anything i say should be taken with a grain of salt and ignored, but....

people are confusing statute of limitations re: recoveries vs. crimes

the auction seller may not be committing a crime by possessing and/or selling at this point, but, putting aside defenses from subsequent "good faith" buyers (and this will depend on state law, the amounts in question, etc. etc.) that doesn't mean you're not entitled to try and get it back

you have a police report...

it's really a matter of whether you have enough evidence to prove that these are your items

the longer you wait, the weaker your claim though...i'd think. you shouldn't wait until the item sells at auction to let them know you think you have a claim to it.


Edited by the blob (08/23/11 12:22 PM)

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#5033143 - 08/23/11 12:30 PM Re: Does the statute of limitations apply to stolen property? [Re: the blob]
Mike's Rack Offline
I was posting here when you were in diapers.


Registered: 06/06/11
Posts: 3580
Loc: Peoria, AZ
Correct -

Nemo dat quod non habet - You cannot give (sell) that which you do not own.
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#5033193 - 08/23/11 12:52 PM Re: Does the statute of limitations apply to stolen property? [Re: shadroch]
Designer Toast Offline

Quoting your own initial thread post: take seven shots.

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Registered: 10/20/07
Posts: 13761
Loc: NMish Silliness
I don't want to get too far off the subject here and would love to see shadroch get his stuff back.

There is indeed a statute of limitations for the majority of felony crimes.
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#5033246 - 08/23/11 01:24 PM Re: Does the statute of limitations apply to stolen property? [Re: Designer Toast]
shadroch Offline
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Registered: 10/28/02
Posts: 37447
Loc: Jet Blue Flight 711
Its a hypothetical question. Not my stuff, or a friends stuff.
I know the thief couldn't be prosecuted at this late date, but I was wondering if the victim could recover his artwork.
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#5033257 - 08/23/11 01:29 PM Re: Does the statute of limitations apply to stolen property? [Re: Designer Toast]
DiceX Offline

PREMATURE TOTAL NEWBIFICATION

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Registered: 02/23/03
Posts: 40789
Loc: Flying blind on a rocket cycle...
If they were stolen in the mid '80s, what was the value at the time? Like fifty bucks max?
I doubt that's felony theft.
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#5035059 - 08/24/11 08:50 AM Re: Does the statute of limitations apply to stolen property? [Re: DiceX]
r100comics Offline
If you have a dream about out-posting me, you better wake up and apologize.


Registered: 03/15/03
Posts: 2879
Loc: London, England
It's statue of limitations.



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#5035069 - 08/24/11 08:58 AM Re: Does the statute of limitations apply to stolen property? [Re: r100comics]
EastEnd Offline
Up 20 words per minute since I signed up


Registered: 12/13/05
Posts: 1478
I'm not a lawyer but I do recall that a thief can't pass legal title so the original art should still belong to you regardless of how much time has passed.

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