Also known as: deprives · deprived · depriving · deprivation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An act of withholding property of another permanently or for so extended a period as to appropriate a major portion of its economic value. The act also occurs when a person disposes of the property so as to make recovery by the owner unlikely.
An act of withholding property of another permanently or for so extended a period as to appropriate a major portion of its economic value. The act also occurs when a person disposes of the property so as to make recovery by the owner unlikely.
Select any source to read its text and confirm it supports the definition.
The removal of life, liberty, or property that triggers the requirement of due process of law before the government may act.
Select any source to read its text and confirm it supports the definition.
The removal of life, liberty, or property that triggers the requirement of due process of law before the government may act.
Each sense below has its own examples, sources, and questions.
Dwight Dorsey took a neighbor's lawnmower from an unlocked shed and sold it the same day to a distant buyer. The sale prevented the neighbor from recovering the mower. Prosecutors charged Dorsey with larceny because his actions showed the required intent at the moment of taking.
Delilah Duran removed a delivery van from a loading dock without permission and drove it across state lines. She kept the van for three weeks before abandoning it. The extended period of control supported a theft charge because it deprived the owner of the vehicle's use and value.
Diana Delgado contracted with Dover Bank to install premium security systems throughout its branches. The bank received only basic systems that failed to meet the contract specifications for high-value areas. Delgado's failure deprived the bank of the enhanced protection it had reasonably expected.
The prosecution must show that the defendant intended at the moment of taking to permanently deprive the owner of the property or to withhold it for so long that the deprivation is unreasonable.
Supporting sources
The Model Penal Code requires that the actor unlawfully take or exercise control over movable property of another with the purpose to deprive the owner of it.
Supporting sources
Dorothy Daniels received monthly subsistence payments from the state to offset health risks from nearby contamination. The agency ended the payments after new monitoring data without giving Daniels individualized notice or a chance to respond. Daniels claimed the termination deprived her of a protected property interest without due process.
David Dawson conveyed a parcel to Duarte Shipping that left the retained land without any access to a public road. The deed contained no language addressing access. A court implied an easement because the conveyance would otherwise deprive Dawson of reasonable enjoyment of the retained property.
Doris Duffy's Social Security disability benefits were ended after the agency reviewed updated medical records. The agency gave written notice and an opportunity to submit written responses before termination. A later full hearing with possible retroactive payments satisfied due process under the balancing test.
Yes. Once eligibility for benefits such as Social Security disability payments is established, recipients hold a property interest that cannot be terminated without due process, though the precise procedures required depend on a balancing of interests.
Supporting sources
…basis of that liberty. I agree with the statement of MR. JUSTICE STEWART in his concurring opinion that the "liberty," against deprivation of which without due process the Fourteenth Amendment protects, embraces more than the rights found in the Bill of Rights. But that liberty is not guaranteed absolutely against deprivation,…