Under the stated rule, which scenario constitutes unlawful appropriation because the actor knows the property was stolen by another?

• A. The actor obtained the property as a gift
• B. The actor knows it was stolen by another
• C. The actor believes the property is not stolen
• D. The actor is the rightful owner of the property

Answer: (B)

The test is about the knowledge element in unlawful appropriation: you must know the property was stolen by someone else in order for the act to be unlawful. When the actor knows it was stolen, taking or keeping that property is not just handling someone else’s stuff—it’s knowingly taking property that is not theirs, which makes the act unlawful.

That’s why the scenario where the actor knows the property was stolen by another is the best fit. In the gift scenario there’s no imply of theft or knowledge of theft. If the actor believes the property isn’t stolen, there’s no knowledge of theft. And if the actor is the rightful owner, there’s no appropriation at all.