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Principle: A person commits theft when they take any movable property out of the possession of another without consent and with dishonest intent. Facts: P enters Q's open garden, sees a bicycle there, believes the bicycle is abandoned (it has been lying in the same spot for weeks), and takes it home to use. The bicycle in fact belongs to Q. P has
ANot committed theft because the bicycle was outdoors and accessible
BNot committed theft because the principle requires dishonest intent which P lacked when he believed the bicycle abandoned
CCommitted theft only if P refuses to return the bicycle
DCommitted theft because P took movable property out of Q's possession
Answer & Solution
Correct answer: B. Not committed theft because the principle requires dishonest intent which P lacked when he believed the bicycle abandoned
Applying the principle literally: theft requires DISHONEST intent. If P genuinely believed the bicycle was abandoned, the dishonest-intent element is absent. Accessibility of the object and refusal to return after discovery are not part of the stated principle.
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