Legal Question in Criminal Law in New York
thief
my child was in therapy for 2 years
and she was told to write her
thoughts in a diary. she did. but it
seems she had an over night guest
and she soon discovered her diary
was gone. should she report it as
stolen? if she discovers this guest
stole it, is there any legal recourse?
sounds trivial but this was her most
private thoughts during a very
difficult period of her life.
1 Answer from Attorneys
Re: thief
You do not provide an age on your child, however she can certainly report the item as missing and ask police to "speak" to the guest. They may want to remind that guest that if she disclosed any information in the diary to others that it would be actionable as an invasion of your child's privacy and she could be sued.
It would also probably be a good idea for them to tell her that if she has it, return of same would be acceptable, no questions asked and of course no arrest made. If she does have it and doesn't return it then, and is later forund to have it or had it, then she will then be charged.
If she does have it that ought to get it back.
Good luck
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