Legal Question in Criminal Law in Florida

Theft of food

An officer responds to a fast food establishment I.E.(Mcdonalds, Burger king) where the customer pays for the food prior to receiving it. One customer pays for a food order. When food order is ready it is then placed on a tray located on the counter, by the establishments employee. The paying customer then tells managment that a kid took her food from the tray while it was on the counter. Management replaces the customers food free of charge. Management then calls police and demands to procecute the kid for theft of food service. Paying customer not on scene, had already eaten and left. Who is the victim the food establishment or the paying customer?

Question one: Who is the victim? The food establishment or the paying customer.

Question Two: I don't know what your answer will be, but if you determine the paying customer is the victim. Does the food establishment have the right to prosecute? The establishment voluntarily replaced the food for the customer.


Asked on 4/25/02, 10:26 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Theft of food

It is my belief from the info you provided that the victim is the restaurant as they replaced the missing food. Until the customer took possession, it was in the care and custody of the restaurant and they had the obligation and met that obligation to replace that which was missing.

Scott Jay, Esq. 305-249-8000

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Answered on 4/29/02, 12:08 am


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