# Is this theft? And if it's not, what is it? **URL:** \ **Category:** Factual Questions\ **Created:** [July 28, 2005, 9:58pm UTC](https://boards.straightdope.com/t/is-this-theft-and-if-its-not-what-is-it/314656 "2005-07-28T21:58:35Z")\ **Posts on this page:** 4\ **Page:** 3
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 29, 2005, 4:58pm UTC](https://boards.straightdope.com/t/is-this-theft-and-if-its-not-what-is-it/314656/41 "2005-07-29T16:58:26Z")
> [@](#): > > Conversion – wrongful exercise of dominion over personal property > > Elements > Interference with dominion > Requires actual interference > Not necessary that property be taken > (1) Manual taking not required > (2) Any wrongful interference is sufficient > > Plaintiff must have title \*\*or possession \*\* :eek: > For example, > Taking > Refusal to return on demand > Unauthorized use > Defenses of Privilege > a. Unpaid conditional seller has privilege to repossess goods > b. Public officer (i.e., sheriff) may take and control property (Emphasis added.) [http://consumerlawpage.com/article/calif\_law\_outline.shtml](http://consumerlawpage.com/article/calif_law_outline.shtml) And if you can make that trip, then you can go a little further: > [@](#): > > 750.362 Larceny by conversion. > > Sec. 362. > > Larceny by conversion, etc.—Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny and shall be punished as provided in the first section of this chapter. [http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-750-362](http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-750-362) :smack: :smack: :smack: :smack: ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 29, 2005, 5:11pm UTC](https://boards.straightdope.com/t/is-this-theft-and-if-its-not-what-is-it/314656/42 "2005-07-29T17:11:58Z")
> [@Mr. Slant](#): > > Thank you for sharing those cites. They were most informative. > I get the impression that a state legislature can still restrict “issuing fighting words” so long as the state legislature doesn’t specifically restrict “issuing fighting words against people due to race, religion or other factors”. > Am I right? > Sorry for the hijack. NQR The state can restrict fighting words, but the Court will interpret the statute to require “those personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction.” “Why don’t you just run me over with your car?” probably doesn’t rise to that level. ---
**Author:** ![Bippy\_the\_Beardless](https://avatars.discourse-cdn.com/v4/letter/b/ac8455/32.png) [@Bippy\_the\_Beardless](https://boards.straightdope.com/u/Bippy_the_Beardless)\ **Post date:** [July 29, 2005, 5:39pm UTC](https://boards.straightdope.com/t/is-this-theft-and-if-its-not-what-is-it/314656/43 "2005-07-29T17:39:58Z")
I like the fighting words law. It has often occured to me you could make an easy living by goading people to fight you then making criminal and civil charges against them for injury they cause. Imagine going to a walmart, taking things from the carts of those most likely to choose physical attack as a response, then attempting to sue them and Walmart for any result from a fight. "Sue walmart because the thug might pick up items from the shelves to hit you with, because you would fall onto the floor in walmart, because walmart security didn’t protect you a customer from the thug whilst on their property etc. etc. ) ---
**Author:** ![THespos](https://avatars.discourse-cdn.com/v4/letter/t/8c91f0/32.png) [@THespos](https://boards.straightdope.com/u/THespos)\ **Post date:** [July 29, 2005, 5:47pm UTC](https://boards.straightdope.com/t/is-this-theft-and-if-its-not-what-is-it/314656/44 "2005-07-29T17:47:33Z")
You’d think this would have come up during the Cabbage Patch Kid craze. [Previous page](https://boards.straightdope.com/t/is-this-theft-and-if-its-not-what-is-it/314656.md?page=2)