Here is a hypothetical for those legally minded readers (though I think there are only 2 readers left since we haven't posted much lately):
Sammy is a bus-boy at a local restaurant. The restaurant has a standing policy that any tips given to bus-boys are not to be kept by the individual bus-boy, but are to be placed in a jar. The money in the jar will be counted at the end of each week, then divided among all bus-boys according to hours worked during that week.
Sammy receives a five dollar tip from a customer who was particularly happy with the cleanliness of her table. Instead of leaving the tip on the table, the delighted customer hands the tip directly to Sammy and says, "This is for you."
Sammy, feeling that he truly earned this tip and shouldn't have to share it, places the five dollar bill in his pocket. A manager watches Sammy place the five dollar bill in his pocket instead of placing it in the tip jar. The manager calls the police to report a theft.
The state law defines theft as follows:
A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property; or
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or
3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
4. Controls property of another knowing or having reason to know that the property was stolen.
Is Sammy guilty of theft or merely violating a company policy?