Name:   Kizma Anuice - Subject:   Found/Missing/Damaged/Sunken Boats Date:   5/4/2011 2:27:19 PM

Section 35-12-1

When finder becomes depositary.

One who finds a thing lost is not bound to take charge of it; but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire.

Section 13A-8-12

Defenses to prosecutions for theft and unauthorized use of vehicle.

(a) It is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him.

Why would the finder of lost property not be able to defend against your charge by claiming the rights of a depositary?