California Penal Code §485 — Appropriating Lost Property
PC §485 makes it a form of theft to appropriate lost property to one's own use — or to the use of another not entitled thereto — without first making reasonable and just efforts to find the owner and restore the property. §485 is prosecuted as theft under §484 et seq. — petty (up to $950) is a misdemeanor with up to 6 months county jail; grand theft (over $950) is a wobbler with up to 3 years county jail. The statute converts an innocent finding into criminal theft the moment the finder decides to keep property they know or have reason to know belongs to another.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Appropriating Lost Property Cases in All LA County Courts
01 — Quick Facts
PC §485 — Appropriating Lost Property at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §485 — Appropriating Lost Property |
| Code Type | Penal Code (PC) |
| Classification | Punished as theft (misdemeanor or wobbler) |
| Petty (≤$950) | Up to 6 months county jail + $1,000 fine |
| Grand (>$950) | Wobbler — up to 3 years county jail |
| Category | Theft & Fraud |
| Strike | No (unless firearm — see §487(d)(2)) |
| Expungeable | Yes — §1203.4 |
| Immigration | CIMT — case-specific |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §485?
What Is California Penal Code §485?
PC §485 Reads:
"One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft."
— California Penal Code §485
§485 is a specialized theft statute for lost-property cases. It applies when (1) the defendant finds property, (2) circumstances give knowledge of or means to identify the owner, and (3) the defendant appropriates the property without reasonable efforts to find and restore it. The 'reasonable efforts' element is the heart of the statute — a wallet with ID demands a much greater effort than an anonymous cash bundle. Common LA fact patterns include phones, wallets, backpacks, jewelry, and packages left in rideshares, restaurants, gyms, or public transit.
Why This Law Matters
§485 is a CIMT theft offense with significant immigration and employment consequences despite low-value fact patterns. Modern smartphone tracking (Find My, IMEI, Google Location) makes prosecution far easier — the moment a finder ignores an obvious owner-return path, criminal liability attaches. Rubin Law defends by attacking the 'reasonable efforts' element, negotiating civil compromise, and pursuing §1001.95 diversion.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §485
The People must prove each element beyond a reasonable doubt.
Defendant Found Property
Discovery of property that was lost — not abandoned or discarded.
Knowledge or Means of Inquiry as to Owner
Circumstances gave actual knowledge of the owner or a reasonable means to identify.
Failure to Make Reasonable and Just Efforts
Reasonable efforts to find the owner and restore the property are the statute's core.
Appropriation to Own or Another's Use
The defendant used, kept, sold, gifted, or otherwise treated the property as their own.
04 — Penalties
Penalties for PC §485 Appropriating Lost Property in California
Penalty structure — §485 is punished as theft.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Petty Theft (≤$950) | PC §485 / §490 | Up to 6 months county jail + $1,000 fine | Summary — up to 3 years | No |
| Grand Theft (>$950) | PC §485 / §487 | Wobbler — up to 3 years county jail | Summary / Formal | No |
| Firearm Found | PC §487(d)(2) | 16 mo, 2, or 3 yrs prison | Limited | YES |
| Restitution | PC §1202.4 | Full restitution mandatory | Condition | N/A |
Related Enhancements & Charges
Companion PC §484 Petty Theft
PC §484
Frequently charged in the alternative.
Companion PC §487 Grand Theft
PC §487
For over-$950 lost property.
Companion PC §496 Receiving Stolen Property
PC §496
Alternative theory where property was actually stolen.
Civ. Code §2080 Lost Property Duties
Civ. Code §2080
The civil-law counterpart — turn-in to police within a reasonable time.
Beyond the Sentence
- CIMT — immigration consequences depending on value / plea
- Employment consequences — theft on record
- Professional-license impact (bonded / trust positions)
- Restitution obligation beyond sentence
- Civ. Code §2080 civil duties may trigger parallel civil claim
- Companion §487(d)(2) firearm exposure where firearm found
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §485 Appropriating Lost Property Charges
Rubin Law, P.C. defends this offense through the following strategies.
Reasonable Efforts Made
Turn-in to venue lost-and-found, police report, social-media outreach, or contacting an evident owner all satisfy the reasonable-efforts element.
Efforts Element
No Knowledge of Owner
Anonymous property with no identifying information — cash bundle, unmarked bag, unlabeled item — defeats the knowledge-of-owner element.
Knowledge Element
Property Was Abandoned
Trash, deliberately discarded items, and reasonably-inferred abandonment fall outside §485. Fact-context matters.
Abandonment Defense
Temporary Safekeeping
Reasonable holding pending owner contact is not appropriation. Time in possession and steps taken during that time are critical.
No Appropriation
Civil Compromise (§1377)
Private-victim §485 cases are eligible for civil compromise. Full restitution plus victim consent results in dismissal.
PC §1377
Judicial Diversion (§1001.95)
§485 qualifies for §1001.95 judicial diversion — misdemeanor cases especially. Successful restitution and completion result in dismissal.
Constitutional Sources
07 — Court Process
How PC §485 Appropriating Lost Property Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Location / Tracking
Modern §485 cases frequently originate from Find My, IMEI, Google Location, or AirTag tracking by the owner.
- 2
Step 2 — Police Contact / Filing
Contact typically involves the finder's home or workplace. Cite-and-release or misdemeanor filing standard.
- 3
Step 3 — Arraignment
Not-guilty plea; restitution and civil-compromise negotiations open immediately.
- 4
Step 4 — Discovery
Tracking records, video from finding location, owner communications, and property-return records.
- 5
Step 5 — Restitution / Compromise Negotiation
Most §485 cases resolve through property return, civil compromise (§1377), or §1001.95 diversion.
- 6
Step 6 — Trial or Plea
Trial defense focuses on reasonable efforts and knowledge elements. Plea outcomes target dismissal or infraction reduction.
Los Angeles Courts That Handle PC §485 Appropriating Lost Property Cases
Filings are venued in the courthouse serving the location of finding or contact.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Appropriating Lost Property Defense Attorney
Daniel S. Rubin has defended clients charged with appropriating lost property and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §485 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Appropriating Lost Property Cases Throughout LA County
09 — FAQs
PC §485 Appropriating Lost Property Questions — Los Angeles
What is PC §485?
PC §485 makes it theft to appropriate lost property to your own use without first making reasonable and just efforts to find the owner and restore the property. It is prosecuted under the general theft framework — petty if under $950, grand-theft-eligible if over.
Is 'finders keepers' a defense?
No. California law rejects 'finders keepers' for identifiable property. Once circumstances give knowledge of or means to identify the owner, the finder has a duty to make reasonable efforts to restore.
What counts as reasonable efforts?
Turn-in to venue lost-and-found, police report, contacting evident owner (via ID, phone, social media), and reasonable holding pending contact all satisfy the element. Simply keeping the property does not.
What if there's no way to identify the owner?
Anonymous property with no identifying information may fall outside §485 — but Civ. Code §2080 still requires turn-in to police for property over $100. Consult counsel.
Is a found phone different?
Modern phones carry identifying data (Find My, iCloud, IMEI). Prosecutors argue circumstances give obvious means of inquiry — a finder who ignores a ringing / tracking phone typically satisfies the knowledge element.
Is §485 a CIMT?
Yes. Theft offenses generally qualify as Crimes Involving Moral Turpitude — deportation / inadmissibility risk. Immigration-safe pleas should be pursued.
Is §485 eligible for diversion?
Yes. §485 as a misdemeanor is eligible for §1001.95 judicial diversion. Property return plus program completion result in dismissal.
Available 24/7 — Free Consultation
Charged with PC §485 Appropriating Lost Property? Call Rubin Law.
§485 is a CIMT theft offense with real immigration and employment consequences. Rubin Law, P.C. defends by attacking reasonable-efforts and knowledge elements, litigating civil compromise, and pushing for §1001.95 diversion. Call (213) 723-2337.