Question

Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia’s luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of: ___________

a. theft, because she took Sophia’s suitcase without permission.
b. nothing, because she did not have the mental state required to commit a crime.
c. theft by receiving, because the suitcase was handed to her by a camp employee.
d. conversion.

Answer 1

Angelina can be charged with the crime of nothing, because she did not have the mental state required to commit a crime.

Is the mental state that a person intended to commit a crime?

In a lot of cases, an act is a crime when the person committing it is said to have intended to do something that is wrong as stated by the state legislature or Congress.

It is said to be criminal intent but the case with Angelina is different because she did not have the mental state to do so as it was a mistake.

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