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State can’t prove teen stole television he owned with his mother

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In an issue of first impression involving the statutes defining Class D felony theft, the Indiana Court of Appeals reversed a teen’s adjudication of theft for removing a television that he and his mother purchased together from his mother’s home over her objection.

Mother M.A. put $185 and son Z.A. contributed $15 toward the purchase of a television that they considered jointly owned. One day, Z.A. decided to take the television from his mother’s house. She told him not to, but he did it, so she called police to report it as a theft.

Z.A. was charged with and adjudicated as committing Class D felony theft if committed by an adult. To prove theft, the state had to prove that Z.A. knowingly or intentionally exerted unauthorized control over the property of another person, with intent to deprive the other person of any part of its value or use. Indiana Code 35-31.5-2-253(b) provides that property is that “of another person” if the other person has a possessory or proprietary interest in it, even if an accused person also has an interest in that property.

The application of these statutes for a prosecution of theft of shared property is a question of first impression for the appellate court.

The state did not present any evidence that M.A. believed she had a controlling interest in the television or that the T.V. was to remain at her house at all times, the judges held in Z.A. v. State of Indiana, 49A02-1311-JV-973. The state argued since the mother paid 93 percent of the purchase price for the television, she had a controlling interest in it.

“And the State’s reading of the relevant statutes is equally applicable between M.A. and Z.A. That is, the evidence shows that M.A. denied Z.A. his rights to the shared property just as much as Z.A. denied M.A. her rights. If the State’s argument on appeal is correct, then no matter what happened in light of the disagreement, someone committed a theft. That does not strike this court as a tenable interpretation of our criminal code. The legislature did not intend to criminalize bona fide contract disputes,” Judge Edward Najam wrote in reversing Z.A.’s adjudication.

“Here, where the jointly owned tangible personal property is indivisible, there is no agreement between the co-owners on the right to use the property, and the ownership is not exclusive, we cannot say that the State has proven the unauthorized control element of theft beyond a reasonable doubt.”
 

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  1. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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