Also known as: property of another person · another's property
Written by attorneys · grounded in primary & secondary sources — see below
A legal phrase requiring that the item taken or controlled be one in which a person other than the actor holds an interest the actor is not privileged to infringe. The element is satisfied even when the actor also holds some interest in the property so long as the other person's interest is one the actor may not lawfully invade. It is not satisfied when the actor honestly believes the property is exclusively his own.
Frankie reaches into an open bin on a construction site and removes five power tools marked with South Development's logo. He places the tools in his zipped backpack and carries the pack thirty feet across the gravel lot before being stopped. The tools qualify as property of another because South Development retains a possessory interest that Frankie is not privileged to take.
Monica directs workers to take large quantities of premium seed and fertilizer belonging to Star Rural. Monica then resells the goods at a profit to local farmers. The supplies remain property of another because Star Rural retains ownership and Monica has no privilege to exercise control over them.
Select any source to read its text and confirm it supports the definition.
Nelson describes to attorney Christina a plan to embed hidden code in an app that will transfer small sums from millions of users to an offshore account. Christina has reviewed the app's terms and advised on the offshore entity. The users' funds constitute property of another that the client intends to obtain through fraud.
Monica directs workers to shift boundary fences a few feet onto Barry's land each season and to harvest the crops growing on the disputed strip. The crops are property of another because Barry holds the possessory interest that Monica is not privileged to invade by trespass and harvest.
Amanda seizes Craig's briefcase containing settlement checks from the chair beside him and later removes additional checks from a desk drawer in an adjacent office. She uses force and threats to retain the checks. The checks are property of another because Craig and his client hold interests that Amanda is not privileged to take by force.
Monica repeatedly purchases seed and fertilizer from Gemma at prices well below wholesale while knowing the goods have been diverted from Star Rural's inventory. Monica resells the items through her farm supply business. The supplies remain property of another because Star Rural retains ownership and Monica acquires them knowing they were stolen.
Yes. When one co-owner takes property in which another co-owner holds an interest the taker is not privileged to infringe, the element is met even though the taker also has an ownership interest.
Supporting sources
Yes. Property in the actor's possession is not deemed property of another solely because a creditor holds a security interest, but the element is satisfied when the actor takes property from a pledgee or bailee who holds a superior possessory interest.
Supporting sources
Yes. When the actor honestly believes the property belongs exclusively to him, the property-of-another element is not satisfied even if the belief is unreasonable.
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…life." [^maj-5]: Section 26-1902 (1972) provides: "A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A…