Theft of Property Lost, Mislaid, or Delivered by Mistake

Theft of Property Lost, Mislaid, or Delivered by Mistake. A person who comes into control of property of another that the person knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient commits theft if, with purpose to deprive the owner thereof, he or she fails to take reasonable measures to restore the property to a person entitled to have it. If such restoration is not possible, within 60 days the property shall be placed in the custody of the Department of Public Safety, which shall take reasonable steps to restore the property to a person entitled to it, including giving prompt notice thereof in a newspaper of general circulation in the Commonwealth. If, after a period of six months from that notice, the owner is not located or does not contact the department, the property shall be returned to the person with a receipt indicating that person is the lawful possessor of the property. The Department of Public Safety shall receive reimbursement for or offset the expenses it incurs under this section prior to releasing custody of the property. Source: PL 3-71, § 1 (§ 435). Commission Comment: With respect to the references to the “Department of Public Safety,” see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001.