Can I be charged for selling an item I recieved as payment for services, that were not completed

I sold a used computer that I recieved for services to be performed. I ended up getting sick, and had some family issues, so I didn’t get to it. They got someone else, wanted the computer back, and I can’t locate the person I sold it too. I have made an offer to replace the computer

Asked on January 13, 2019 under Criminal Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you can demonstrate (if needed), such as with emails or text messages, that you offered to pay for or replace the computer, then it is not likely you'd face charges. Criminal charges require a criminal "mens rea," or intent or state of mind. If you showed that you were willing to pay for or replace the computer, you can show that you did not have a criminal intent, but rather that this was at most a "civil" (i.e. non-criminal) disagreement over your entitlement to the machine under the circumstances.


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