Came home last night to find...

[Merlin02]

Originally Posted by CrazyDave

A person is guilty of grand larceny in the fourth degree when he steals property and when:



1. The value of the property exceeds one thousand dollars; or



2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or



3. The property consists of secret scientific material; or



4. The property consists of a credit card or debit card; or



5. The property, regardless of its nature and value, is taken from the person of another; or



6. The property, regardless of its nature and value, is obtained by extortion; or



7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter; or



8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or



9. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.





10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.



Grand larceny in the fourth degree is a class E felony.



moving a persons vehicle involves the act of physical possesion ( taking) and I am sure there ar numerous misdameanors that one can be sited for.. as stated before unauthorized taking comes to mind

Like I already mentioned in my post, "Joyriding" is the taking and "USE" of a vehicle without the permission of the owner. It doesn't appear that the vehicle was "USED", so consequently that element of the crime is missing. Missing elements of the crime means......no crime. That's unless I missed something in the OP's original post.

Secondly: "Grand Larceny" as defined in the penal code is a "Specific Intent" crime. In specific intent crimes, intent has to be demonstrated by the suspect. He/she has to intend to permanantly deprive the owner of the vehicle. This act doesn't seem like it was a permanant intent theft to me. In my opinion, what happened is not even close to meeting the elements of the crime of Grand Larceny. Again, missing elements of a crime means....no crime.

[kokopellioh]

Originally Posted by Merlin02

Like I already mentioned in my post, "Joyriding" is the taking and "USE" of a vehicle without the permission of the owner. It doesn't appear that the vehicle was "USED", so consequently that element of the crime is missing. Missing elements of the crime means......no crime. That's unless I missed something in the OP's original post.

Secondly: "Grand Larceny" as defined in the penal code is a "Specific Intent" crime. In specific intent crimes, intent has to be demonstrated by the suspect. He/she has to intend to permanantly deprive the owner of the vehicle. This act doesn't seem like it was a permanant intent theft to me. In my opinion, what happened is not even close to meeting the elements of the crime of Grand Larceny. Again, missing elements of a crime means....no crime.

I was thinking "receiving stolen property", now that it can't be started and there may be hidden damage, maybe criminal damaging? Since it took two of them, maybe some conspiracy to go along with it?

[vonh]

I had a big long story of bad advice for you and erased it, lol, Find out who did it and do the 10 steps thing thats good advice, maybe scowl at the guy everytime you see him, a little fear goes a long way too!!

[CrazyDave]

Originally Posted by Merlin02

Like I already mentioned in my post, "Joyriding" is the taking and "USE" of a vehicle without the permission of the owner. It doesn't appear that the vehicle was "USED", so consequently that element of the crime is missing. Missing elements of the crime means......no crime. That's unless I missed something in the OP's original post.

Secondly: "Grand Larceny" as defined in the penal code is a "Specific Intent" crime. In specific intent crimes, intent has to be demonstrated by the suspect. He/she has to intend to permanantly deprive the owner of the vehicle. This act doesn't seem like it was a permanant intent theft to me. In my opinion, what happened is not even close to meeting the elements of the crime of Grand Larceny. Again, missing elements of a crime means....no crime.

The description I posted is NY penal code.. no mention of intent

[Jmplogin]

Washington Heights! You are lucky the bike was still there!!

Sent from my SCH-I535 using Motorcycle.com Free App

[TCazes]

Ok bud. Don't slash the tires. However, take the valve stems out and tape them to the inside of the fender well. That's what I'd do. Your not destructing anything. No damag done. And your point is well not clearly evident but you feel better.

[superdiver]

Find a way to ELECTRIFY you bike. Park it in your spot, set up some survelience equipment, sit back and enjoy the show!

[peanut]

You could call your local police department and ask them that IF you find out who it was and could get some proof of it, what could they do. That way you will know if it will be worth the effort.

[harpomatic]

there is really nothing you can do besides looking for a parking spot that's good for you, but too small for a car - there are those on every block, next to a hydrant, driveway, etc. It happened to me too - police is not your friend, local security video camera owners are indifferent, so you're on your own here... You can chain it to something... some people park on the sidewalk and use cover - legally cops are not allowed to lift your cover to see a license plate & issue a ticket, though I don't do it.. But I see people doing it that way without any consequences for years. Park on the sidewalk without cover - $115 donation to the police department is in order, NYC does not miss its chance to rip you off...
PS. If you came home after hurricane evacuation - that could be a whole other story - flood and general destruction is something beyond "motorcycle" discussion - people are/will be dying of cold in South Brooklyn and Far Rockaways (and they do charge the toll on the bridge to get to the victims, at least they did for the first week of disaster)..

[Hondaguy]

Originally Posted by TCazes

Ok bud. Don't slash the tires. However, take the valve stems out and tape them to the inside of the fender well. That's what I'd do. Your not destructing anything. No damag done. And your point is well not clearly evident but you feel better.

This will only escalate. No one "wins" When you lived where your vehicles are unprotected and the population is dense, there are certain consequences people have to insure themselves against. Other than chaining a motorcycle to a light pole I don;t think here is anyway to protect them from being "moved." I would be glad it was not moved permanently or damaged and leave it at that.