Originally Posted by Draigas
You can be charged with kidnapping by simply moving someone against their will, while false imprisonment would more be holding or restraining them against their will. Usually they are in conjunction with each other; kidnap then falsely imprison.
Regardless I like how you equate the bandwidth, a nonconcrete item, worth $40 - $60 a month to a vehicle which can be worth upwards of $25,000+. Especially since vehicles are commonly parked on curbside.
Now leave a pair of shoes or something that would not be readily and normaly seen left unattended in the middle of the street or in public. I live on the corner of busy street and often times "trash" shows up in my yard. Including article of clothing, which I throw away as it is on my property and considered litter. Stealing?
And by your definition I think he has abandoned it. He knows it goes beyond his property and yet fails to secure it. Therefore he has knowing allowed it go beyond the borders of his property unsecured and abandoned.
Had he not known it could be accessed outside of his house I would agree, but he obviously after the first incident.
THE AIRWAVES ARE PUBLIC PROPERTY… what don’t you understand about that? You keep referring to “his property” and property. The airwaves are PUBLIC. WE CAN USE THEM for the most part. So it’s not past “his” property. Public property is your property and mine so to speak, communal as it were.
Back to your example which is very poor and incorrect for this discussion. It’s like you have a public park abutting your yard. You can freely walk in your yard and in the park, therefore you can walk directly from your yard into the park and it’s ok. You’ve never left “your” property. You’ve simply gone from your personal property to our (yours and mine) public property. Unless something left on public property is yours the reasonable person assumes that it belongs to someone else, therefore you know the signal ain't yours SO LEAVE IT ALONE or get persmission from the owner to use it.
Bottom line, ignorance of the law is no excuse so you can't use that as a defense. Therefore if you KNOWINGLY OR NOT use another's wireless signal w/o their permission, it is theft.
You did well with the question - you got the movement part right, which is the key.
Actually false imprisonment comes first. It’s the “unjustifiable restraint of a person for any appreciable duration.” Kidnapping is false imprisonment + transporting the person to another place.