When is stealing not really stealing?

[Nokia]

Two men who stole Native American rock carvings from a Nevada mountainside

Well as it say, they took them from a mountainside - without putting a value on them - what makes then different from a normal rock on the mountainside?
I you or me took a stone from a mountain - would we expect to be prosicuted for stealing?? probably not!

They need to put a value on it to differenciate between the carvings and anything else that can be found on a mountain!

[nihil]

Hey Guys,

I stand by what I said, but I forgot to ask; what grounds for appeal do you guys have.

Over here there are two approaches:

1. I didn't do it and have fresh evidence, or the verdict was "unsafe".............which basically means that it was a mistrial.

2. Appeal against the sentence.............like it was too harsh for the actual crime.

So, if they had tried under #1 they would not even have gotten to court over here.

[Evil Moo]

Originally posted here by Nokia
Well as it say, they took them from a mountainside - without putting a value on them - what makes then different from a normal rock on the mountainside?
I you or me took a stone from a mountain - would we expect to be prosicuted for stealing?? probably not!

They need to put a value on it to differenciate between the carvings and anything else that can be found on a mountain!

Excellent point. I guess ignorance can be bliss, or at least...within the US 9th Circuit Court of Appeals.

[MURACU]

Well as it say, they took them from a mountainside - without putting a value on them - what makes then different from a normal rock on the mountainside?
I you or me took a stone from a mountain - would we expect to be prosicuted for stealing?? probably not!

They need to put a value on it to differenciate between the carvings and anything else that can be found on a mountain!

Sorry Nokia your logic would only work if the two who stole them didn't know that they had a value. The fact that they went to the trouble to go find the statues and steal them suggest that they had a market already available for them. I am not an expert on north american indians but normally carvings like that are used to mark a site of some religious or cultural importance to the people living there. It would be like pulling away bits of stonehenge. Afterall it could be said it is just a pile of rocks and no one ever put a value to it.

[nihil]

what makes then different from a normal rock on the mountainside?

They are carved human artefacts

[Nokia]

Then they are still rocks on a mountainside - just look a but different.
I you went up a mountain tomorrow and carved a face in to a rock and then left it there but then someone came along after you and took it - could you prosecute them for stealing??

Not really.

But if you could produce evidence that your carvings are worth money and belonged to you - then you could maybe prosecute.

But if you rock up in court with no evidence of how much they are worth etc...you prolly aint going to get very far!

[MURACU]

A carved rock is normally called a sculpture or statue, which is considered a work of art. And to answer your question if it was my land and you stole a sculpture off it I could have you prosecuted for theft and trespassing. Your argument only really applies to public land.

[Nokia]

So I take it a Mountainside in Nevada isn't public land?

[Egaladeist]

Unfortunately OverdueSpy again failed to produce a link to the full story...otherwise we would know what land it was on...private or public.

If it was on a Reservation then it could be considered theft without attaching any value...if it was on public land then value must be attached.

If it was on privately secured land or a Reservation...then...trespassing may also be attached. If the area was designated in some special way such as a heritage site...then...other charges could be laid.

But because OverdueSpy failed to link we'll never know.

Eg

[OverdueSpy]

Eg!!!!!!!!

Can't move - Knife in back.

Now Eg you know that I normally post a link. That just happened to be the entire article from Reuters. I just didn't have time to find the full story before robbing your house - I mean catching a plane. By the way, did you ever have that Ming Dynasty vase appraised and insured. If not I am requesting to have my case moved to the 9th circuit.