Legal Question in Criminal Law in Florida

Error in package delivery

If UPS or another delivery service (not USPS) delivers a package to the wrong address (and confirms this), the driver contacts the residents and explains that they received the package in error and the residents give a fabricated story about the package but don't deny having it - is this a criminal or civil matter? What are the options?


Asked on 6/24/09, 3:07 pm

1 Answer from Attorneys
Richard Stoffels Stoffels Law Group

Re: Error in package delivery

In florida A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:

(a) Deprive the other person of a right to the property or a benefit from the property.

(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

That is the statutory definition. In your scenario, if a person takes delivery of an item that is not theirs, and endeavors to appropriate the property to his or her own use, i.e. not give it back when asked, then he or she has committed a crime.

The only challenge is in proving it.

Good luck to you.

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Answered on 6/24/09, 3:16 pm


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