[NonValueAdded]

No unfortunately according to the law. There is no criminal intent; negligence does not rise to that level. It is a tort, remedied in a civil proceeding. There have been many threads on FR for the same “crime” that happens all the time.

IANL

[mad_as_he$$]

No, it is criminal negligence resulting in theft and burglary. DA's just aren't willing to prosecute it because the easy path is to tell the victim to file a civil claim. I actually just had this discussion with my local DA and Assemblyman. Our DA is waiting for a pattern of abuse to emerge from one company and then he will go after them on RICO and the above. The Assemblyman is working on legislation to make it illegal- a low level felony. Unfortunately our Assembly is out of session for 18 months (in this case)