Washington D.C. Lost Property Misappropriation

In the D.C. jurisdiction, the following categories fall under the scope of "lost property" that can trigger misappropriation charges:

• Lost Items: Personal belongings unintentionally left behind, such as wallets, bags, or phones.
• Misdelivered Goods: Parcels or mail delivered to the wrong address but opened or used without reporting the error.
• Erroneous Bank Transfers: Money mistakenly transferred to one's account and spent instead of returned.

Misappropriating any of these items without a reasonable effort to locate the owner or notify authorities can result in legal liability under theft statutes.

The following behaviors may be prosecuted as misappropriation of lost property:

• A rideshare driver keeping a passenger’s forgotten handbag.
• Selling a smartwatch found on a sidewalk through an online marketplace.
• Withdrawing and spending funds accidentally deposited into one’s account.
• Keeping and using a wrongly delivered package addressed to a neighbor.
• Taking home items like umbrellas or garments left behind in public venues.

While these may appear to be minor actions, D.C. law treats the underlying intent seriously—particularly when a person acts with the knowledge that the property is not theirs and deliberately avoids returning it.

The property must belong to another person, and the defendant must have gained control over it without legal entitlement. It is not necessary for the property to be in the physical possession of the owner at the time of the offense—only that ownership rights still exist.

There must be an intent to convert the property for personal use or otherwise deprive the true owner of it. This is known as “criminal intent,” and can be inferred from the circumstances—for example, failing to notify the police or ignoring identifiers on the item.

Failure to report the found item to a police station, property office, or rightful owner within a reasonable period may be used as evidence of wrongful intent.

For property valued at less than $1,000:

• Misdemeanor classification
• Up to 180 days in jail
• Fine up to $1,000

For property valued at $1,000 or more:

• Felony classification
• Up to 10 years in prison
• Fine up to $25,000

Additionally, individuals in sensitive professions—such as public employees, military personnel, or teachers—may face disciplinary actions even for misdemeanor convictions. A criminal record can lead to loss of employment or ineligibility for certain licenses.

To avoid criminal liability, a person who discovers lost property should:

• Immediately report the item to local law enforcement or a lost-and-found office.
• Avoid using, selling, or damaging the property.
• Make reasonable efforts to identify the owner if possible (e.g., checking ID tags or receipts).

This behavior can serve as evidence of good faith and help avoid prosecution.

The absence of an intent to permanently deprive the owner can serve as a strong defense. For instance, someone who intended to return the property but was delayed or unsure of the correct procedure may not meet the standard of “criminal intent.”

Proof of attempted contact with the property’s owner, communication with local authorities, or public postings about the found item can support a claim of good faith.

First-time offenders with no prior convictions may qualify for diversion programs or deferred sentencing, especially when the value of the property is low and full restitution is made.