QUESTION
What is the statute of limitations on theft of a dog?
Asked on Sep 29th, 2012 on Family Law - Wisconsin
More details to this question:
My boyfriend has had custody of a dog since 2008 when his ex girlfriend went to jail. She was released 3 months later and never got the dog back. He has proof of registration of ownership by both county and city license tags and vaccinations from vet for 4 years. Proof that the girlfriend was neglecting the dog and he paid for treatment to save the dog's life. She wants the dog back after 4 years just out of spite. She is claiming he stole the dog when he was told to come get the dog or it was going to the pound by her then boyfriend. We have all documents of ownership but she has sent a notice of demand to have the dog returned in 10 days or she will file theft charges. We are wondering what the statute of limitations is of this. The local police dept stated that she was not able to get the dog back because she never files theft charges 2 years ago, let alone 4 years ago. We are curious as to know the statute of limitations.
11 ANSWERS
Lisa Hurtado McDonnell
Statute of limitation is 4 years. You could take her to small claims if the police will not charge her.
Answered on Oct 03rd, 2012 at 11:48 AM
Penal Code 802 provides a one year statute of limitations on theft.
Answered on Oct 03rd, 2012 at 12:18 AM
Michael Paul Vollandt
In most cases one year unless the dog is worth more than $400.00 - Then three years.
Answered on Oct 01st, 2012 at 10:28 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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The prosecutor's office will not entertain any action on an allegation re a "stolen dog". It is completely a civil matter and not a criminal matter.
Answered on Oct 01st, 2012 at 9:37 PM
Ronald A. Steinberg
I imagine that she is trying to get even with him for his being with you. I would ignore her. Even if she finds some jerk willing to file a suit for her, your boyfriend can prove all of the things he did for the dog, and he could then compel her to pay him back. When it starts costing money, people often "see the light."
Answered on Oct 01st, 2012 at 2:10 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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For a misdemeanor the SOL is 2 years. For felonies it is 3 or 4 years.
Answered on Oct 01st, 2012 at 1:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is a statute on misdemeanors. I doubt if the police or DA will make any such charge. Dogs are personal property and her best tack might be a small claim in the Judge Judy court Truth is, the dog is her property. You may claim that she abandoned the property and you can claim the dog as abandoned property. Does not look like the kind of case anybody wants to deal with.
Answered on Oct 01st, 2012 at 1:15 PM
Leonard A. Kaanta
I wouldn't worry about it.
Answered on Oct 01st, 2012 at 12:56 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Statute of limitations is one year, but: when someone retains stolen property, then he is committing a continuing crime; he is in possession of stolen property, which is still a crime. Ignore her. If she reports it to the police, they will probably tell her it's a civil matter. If she files a small claims action, he should counter-claim for all of the food, vet bills, etc that he has paid all this time.
Answered on Oct 01st, 2012 at 12:54 PM
In Nevada, domestic animals are considered personal property.Generally a dog would not be considered "livestock", so it appears the statute of limitations for bringing an action for theft of a dog would be 3 years. NRS 11.190 (3) (c) that actions . . . may only be commenced within 3 years for "taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant."
Answered on Oct 01st, 2012 at 12:28 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Misdemeanor theft is 3 years. She doesn't get to choose if charges are filed. The police department refers charges to the district attorney and the district attorney decides what charges, if any, should be charged.
Answered on Oct 01st, 2012 at 12:00 PM