ALERT : Silkie Theft

jenesis~~yep, I'm alone most of the time, and everyone knows that....but they also know there's a loaded gun in every room of the house that I'm not afraid to use. We have driveway alarms, motion sensor lights, video cameras, etc. I'm never scared of being home alone. The dogs have never been protective.....they'd sooner lick a culprit to death than bite---so them being gone doesn't alter my safety. It's just when I'm not home, that I'm worried.

I've said it before, but it bears saying again-----thank you everyone for your prayers, well wishes & vows to watch out for Frank. I truly believe it was through our joint effort that Frank was returned to his wives.

And more good news~~my husband "may" be able to come home in the next couple of days
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Well,I'm so happy you got Frank back!
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I hope your husband gets home soon too.That will be great for you.
I understand about you wanting to get rid of your dogs.It really bothers me that if an animal enters my back yard where my Mastiffs are is bad news.My BFF tells me to get rid of them because they eat so much.That is true however,they give me a great since of security for myself.My kerosene tank is in their area and when the guy came to fill my tank he said there was no way ppl would steal my fuel.(He would not come in my back yard until I put them up.)

My chickens are just a few feet from them and they have alerted me to predators many times. My back door is in their area so I know it is covered and with dense woods on 2 sides of my place I don't expect anyone to try to come in on me so to speak.Maybe you can find a dog that would be better suited for your needs.

But for now it is great you have Frank back.I'm glad you posted this on BYC.It gives all of us a lot of thought about security of our stock against the human type predator.
 
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I think the "whoever" took Frank - maybe a first time thief - thought he'd get away easy. After all it was just a chicken. Then panicked when he realized he could be found out. So glad he got returned - whew! Maybe that will turn your luck around.

One thing I did want to mention about people locking some of their coops and not others, which coop would a thief think has the prize birds???? Right. Maybe you should LOCK all of them to confuse them or make them understand ALL your birds mean something to you. Of course you could make up a phoney coop, stick a Black Mama snake in there and plaster signs all over that say "Prize Chickens. Keep out." Ha ha . I know I'm warped but since watching "KIll Bill" a million times I've gotten facinated with the Black Mamba.

A big, loud dog - even if he does nothing, is good enough to scare most folks away. If the dogs can't get to your chickens - they will be blessing to have around and worth their keep.
 
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I'm not sure that you are quite accurate. Yes, it is very definitely illegal to knowingly purchase stolen property, but purchasing property that you have no way of knowing was stolen is not a crime. In most cases the law will uphold the property being returned to the rightful owner, but I have heard of cases where the purchaser was allowed to keep the property.

would depend on the jurisdiction and the judge- all I know is here its much safer to do transactions that leave written records to protect myself... then I can point to jimmy the fence and say, see i bought this from Jimmy, he said he wanted to buy a new iphone and didn't want this one anymore...

I've never heard that Bob's item/animal gets stolen, the thief fences it off, and Sally buys the item/animal and gets to keep it even though it was stolen from Bob.

The issue is if anyone will believe you didn't know the item/animal was stolen (see examples below) some places they have a very wide view of what a person 'should know'

RECEIVING STOLEN PROPERTY
Stolen Goods • Charge of Possession • Arrest
Florida Law • Penalties

<snip>

BUYING, ACQUIRING, POSSESSING or CONCEALING
stolen property in Florida is a CRIME.

The crime of receiving stolen property occurs when a person buys or possesses property that has been stolen through theft, fraud, deceit, embezzlement, or taken by any other unlawful means by someone else.

The receiver of stolen property could be arrested or convicted if he or she knew the goods were stolen at the moment of receipt and was intending to aid the thief. Here are some examples:

* A person buys a luxury watch from a street vendor at a surprisingly low price
* A person suddenly acquires an expensive TV, car and/or other high-priced items without having the financial means to do so
* A person gives his or her garage for storing unlawfully acquired items
* A person receives a copy of an unlawfully acquired private or unpublished document, transcript, deed, or other form of intellectual property

Florida Law
Based upon to Florida Penal Code Section 496, conviction can apply to “Every person who buys or receives any property that has been stolen, knowing the property to be so stolen or receiveed…” or if a person “conceals, sells, withholds, or assists to conceal, sell, or withhold any property from the owner.”

Based on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in Florida (also known as a “wobbler.”)

Penalties for Receiving Stolen Property
A typical misdemeanor conviction, for property valued at under $400, is punishable by paying a fine and/or spending up to one year in county prison depending on how the judge classifies this punishment "in the interests of justice." The penalty for a misdemeanor conviction can also be increased if the defendant has any past theft convictions.

A felony conviction for receiving stolen property or aiding a thief could result in being sent to state prison or county prison for up to 1 year. The prison term is based on the severity of the crime: the value of the stolen property and the defendant’s past criminal record.

How to Avoid Criminal Charges
If in fact you’re charged with possessing stolen property, a prosecutor must prove beyond reasonable doubt you knew the property you received was stolen and/or you intended to aid the thief by buying or holding the stolen property. A defense that can be used on your behalf is that the possession was the result of an honest mijeapordy in the belief that the property was not stolen. There exists defenses to this crime that an experienced attorney can discuss with you.

Based on the value of the property and other conditions, it is possible to avoid conviction, fines and/or prison completely. Your attorney can be the greatest single factor in determining the outcome of your conviction.

So you're right but then again, you can be arrested anyway for having the property- then you have to get a lawyer or whatever because they -won't- believe you w/o a paper trail.​

Oh I definitely agree that HOW one acquired property that ended up later being identified as stolen would make a HUGE difference. Purchasing a chicken at a poultry show, where many of the exhibitors and sellers know each other is probably significantly different than purchasing a brd from someone you've never heard of through Craig's List (or similar large and anonymous ads) and meeting them at the local service station to exchange money and goods. The examples listed in the statute also.

The couple of things I recall where the possessor was able to keep them, even though they had been stolen were a car (I really do not recall all the details) and an animal (I think a dog). In both cases they did have to provide some amount of restitution, though.

Oh, there was another car case sometime this last year that made international news. A very rare antique Ferarri (or some similar very exotic and expensive make) was stolen something like 20 or 30 years ago; it was not in good condition--it was a man's plan to rebuild it--I think he had had it for many years. Somehow that stolen car ended up in Europe (?) purchased and restored by a collector. Somehow the daughter found out about it (her father had died years earlier) and htere was a big international fight over who owned it. Don't recall the outcome though. She had a legitimate claim to it, but the possessor had a record of its purchase, and had put tons of $$$$$$ into restoring it.
 
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This is the best news today!!!! Thank goodness whoever took him had a change of heart and returned him. Probably not the best way, but he's back!!
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