We have another case out of Land O’ Lakes, Florida. This time it is the arrest of Vanessa Kimball, 29, who was tired of seeing her neighbor’s trailer left in her apartment complex loaded with old furniture. Kimball allegedly decided to post an ad on Craigslist for anyone “come get this trailer, attach it to your car and get it out of here.” They did and now Kimball is charged with grand theft.
The trailer was eventually returned, though damaged. It is an interesting grand theft charge since she did not personally take the item but did facilitate its removal.
Here is the state statute:
812.014 Theft.–
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or
2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or
b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,
the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
(b)1. If the property stolen is valued at $20,000 or more, but less than $100,000;
2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;
3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or
4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003,
the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(9) or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 943.10 in the officer’s official business. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (a).
7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.
However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
Source: Orlando Sentinel.
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MAKE THESE THINGS NOT HAPPEN
I live in Florida.
I live in the real world most of the time.
Did Ms. Kimball speak to the guy? How many times? Did Ms. Kimball speak to the landlords? HOW MANY TIMES?
I would NEED to know that before I accused this woman of ANYTHING aside from being extremely creative in her endeavor to survive.
Like I said, I live in Florida…
When is the line that says that the Ms. Kimballs of the world are being abused and deprived of their right to their property.
This woman pays rent and I would bet you that SHE was assured of a safe decent clean environment before she signed the dotted line. The words ‘apartment complex ‘ tell me that a ball was dropped LONG bvefore she made her phone call and if Mr.Sloppy got his trailer back at all he should be grateful.
Well I applaud this lady’s ingenuity, but she should have looked at her apartment lease which probably has restrictions on parking trailers, semis, mobile homes, boats, Rent-a-Pods, air planes, missiles and other garbage (defined as anything but a car or small truck) in the parking lot. She should have complained to the property manager.
AY,
You are right again!
People sneer at Old Testament slavery but it handled a woman like this without ruining her life. She would become a slave until she paid her debt
yes lets enslave her and prostitute her untill her debts paid. we wouldn’t want to ruin her life
rafflaw,
Elementary in more ways than one…..
Very clever, but not clever enough!
Tootie,
You made a quasi-valid observation about the justice system and then ruined it by suggesting adopting the old testament practice of slavery. Credibility is important. Suggesting slavery as a viable solution to modern problems takes credibility out in the desert, shoots it in the head, and buries it in a shallow grave.
I want to know how she got caught. Did she use her own email or phone number or whatever in the ad? It sounds like it could have been the perfect crime.
Sheesh.
Tootie:
why resort to religious Old Testament justice? It wasn’t all peaches and cream as you portray.
What the woman did was wrong but you are right jail may be a bit of a stretch. Just make her work it off.
Why so dependent on religious law? Don’t you worry about the down side to that? I have met some very religious people that scare me and I am not inclined to denounce religion, live and let live. How do you reconcile your libertarianism with your faith? Aren’t most libertarians atheists?
They now* devour the public.
It is criminal to throw this woman in jail. We have the largest prison population in the world. And you would have to believe Americans are ever more evil than the rest of the world or there is something dreadfully wrong with our justice system.
I vote the justice system.
Every person who ends up in jail is a person who cannot earn a good living later on (because no one wants to hire them). That translates into millions and millions of people who cannot earn wages to fund the police state that delights in making criminals of everyone (not just thieves). The lust to imprison is thus counterproductive to the people who administer it. And a wider net then needs to be cast in order to keep feeding the prison monster. More and more laws are needed to provide for more and “criminals” to provide a living for those who “serve and protect” the public.
They no devour the public.
People sneer at Old Testament slavery but it handled a woman like this without ruining her life. She would become a slave until she paid her debt. And if she enjoyed living in the household of the master (who feed and clothed her) she could stay, or eventually be freed. If the master had no offspring, she could even inherit his estate.
There were no prisons in that day and instead of murdering the woman or throwing her in the wilderness, her life was spared and the victim made whole.
Our methods are far more barbaric. This happens a lot to young black youths. They get in trouble early and then they cannot recover from it as few want to employ them once they have a record. What choice do they have after that except a life a crime?
This is not justice.
Too clever
Yep, clearly theft, third degree (up to 5 years in prison), unless the trailer was somehow worth a lot more than the story makes it seem like. The fact that she worked through an unwitting agent is interesting but doesn’t change the analysis.
Hmmm – I wonder if it occurred to the lady to contact the manager of the apartment complex and ask them to have Andrews move his trailer and either take his furniture into his apartment or store it somewhere else? Seems as though the complex would have had some policy about such things.
I find this an abatement of a publc nuisance by creative means. And most poetically adding new meaning to the lines of Iago:
Who steals my
purseneighbor’s trailer steals trash; ’tis something, nothing;‘Twas mine, ’tis his, and has been slave to thousands;
But he that filches from me my good name
Robs me of that which not enriches him,
And makes me
poorunder indictment indeed.(Othello, Act III, Scene 3)
Brava!
You just have to love people ingenuity. Social skills not so much, well she did accomplish her meted goal, removal of the trailer.