Cerron H. Hawkins v. United States, No. 13-CM-476 (decided November 13, 2014).
Players: Chief Judge Washington, Associate Judge Fisher, Senior Judge Farrell. Per curiam opinion. Sean J. Farrelly for Mr. Hawkins. Trial Judge: Yvonne Williams.
Facts: Mr. Hawkins took a “bait-bike” that police officers had left outside a Metro station and was charged with second-degree theft of a bicycle. The defense was that he believed the bicycle was abandoned. In a bench trial, the judge credited his belief that the bicycle was abandoned but held this belief was unreasonable under the circumstances and thus found Mr. Hawkins guilty.
Issue: Is a genuine but unreasonable belief that property is abandoned a defense to theft?
Held: Yes. Because theft is a specific intent crime, a defendant need not show his belief that the property was abandoned was reasonable (as the government conceded on appeal). DG