Can i file charges for the theft of my husbands cremains?

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Can i file charges for the theft of my husbands cremains?

My stepdaughter offered 500 to
someone to break into my home
and steal my husbands ashes.
That person did in fact do so
and afterwards found out that
they had committed a felony
offense and returned the ashes
when I was not home. Can I file
charges on my stepdaughter for
hiring someone to commit this
crime even though they were
returned? Thank you in advance
Distraught

Asked on December 27, 2017 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is a crime to hire someone to steal another's property, including cremains; and the fact that the stolen property was later returned does not make a crime not a crime (though it is a factor which may be considered when evaluating the appropriate sentence or punishment). A crime is a crime from the moment it is committed, regardless of later actions. If you have evidence of your stepdaughter's actions, you could look to file charges.


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