Also known as: claim-of-right defense · claim of right
Written by attorneys · grounded in primary & secondary sources — see below
A principle negating the fraudulent or felonious intent required for theft crimes such as larceny and embezzlement when the defendant honestly believes the property belongs to them or that they hold a right to take or retain it. The belief need not be reasonable so long as it is genuine and held in good faith. Open retention of the property tends to support the existence of the claim.
Carlos Castillo and his predecessors fenced and farmed a six-foot strip of land they believed belonged to their parcel because of an erroneous plat. They mowed, gardened, and maintained the strip seasonally for more than ten years without permission from the record owner. The court allows tacking of the periods because the good-faith belief supplies the required claim of right.
Cade Carpenter returns to his former apartment after an unlawful lockout and uses minimal force to reenter when he believes the landlord has no right to keep him out. The circumstances appear urgent because postponing entry until a court order would cause exceptional hardship. The claim of right supports the privilege to use force under the statute.
Select any source to read its text and confirm it supports the definition.
Caleb Chang resists force used by a possessor who is removing Chang's tools from a shared worksite. Chang knows the possessor acts under a claim of right to protect the property. The limitation on resistance applies and Chang may not use force to oppose the removal.
Christine Castro faces a threat inside her workplace from a person asserting ownership of equipment she holds. She knows she can safely retreat or surrender the items. The claim of right asserted by the other party requires her to retreat before using deadly force.
Connor Clark posts messages he believes are protected speech about recovering money he thinks is owed to him. The messages are later charged as threats. His honest belief that he holds a claim of right to the funds negates any criminal intent required for the offense.
Colin Chambers seizes bananas grown on land he believes his company owns under a foreign grant. The seizure occurs outside the United States. The claim of right asserted in the foreign title prevents the conduct from constituting theft under domestic law.
Yes. A bona fide claim of right negates the fraudulent intent required for embezzlement just as it negates the trespassory taking in larceny. The defense succeeds when the defendant honestly believes the property constitutes compensation owed by the owner.
No. The defense requires only an honest belief, even if mistaken. Courts focus on whether the defendant subjectively believed they held a right to the property rather than whether that belief was objectively reasonable.
No. The defense is unavailable for crimes involving force or coercion because the legislature has declined to authorize it for robbery and extortion. Policy considerations against self-help through violence support the limitation.
Open and undisguised retention tends to support the existence of a bona fide claim. Secretive conduct, by contrast, undermines the defense because it suggests awareness that the taking was wrongful.
…“1. For the purposes of this Act— “(1) A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof: “Provided that a person…