A Nebraska woman allegedly found a lucrative quirk at a gas station pump — double-swipe the rewards card and get free gas!
Unfortunately for her, you can’t do that, prosecutors said. The 45-year-old woman was arrested March 6 and faces felony theft charges accusing her of a crime that cost the gas station nearly $28,000.
Prosecutors say the woman exploited the system over a period of several months. Police learned of the problem in October when the loss-prevention manager at Bosselman Enterprises reported that the company’s Pump & Pantry in Lincoln had been scammed.
Bad analogy, on multiple fronts. Better:
A truck is on its way to deliver gold to you (you have been told this is happening). When it gets to you, the driver hands you a gold bar. You say, “Thanks! Can I have another?” The driver hands you a second bar. Then you are charged with theft of the second bar, presumably because it was illegal to ask for it.
Right, I just had this happen with a stove. I ordered one, guy came to deliver it, then said we have another in your name, do you want it? LoL
“I mean sure, why not, I’ll take it”
FBI chopper rips into view with multiple black unmarked SUVs following suite, surrounding you. FBI raid team begins to zip line down from the chopper. Guy takes his “J&J delivery” nylon jacket off only to reveal a nylon FBI jacket underneath.
“Nice try, punk”
Not the same, because there’s a person who’s supposed to say “no”.
Yes, the computer is also supposed to say “no”, but surprisingly, laws don’t regard computers and people as being inherently the same thing when it comes to criminal liability.
More like you pay someone for gold. While delivering the gold to you, the gold delivery vehicle falls over and spills all the gold on the ground. Is it now yours?
Property laws exist for a reason. There’s even intangible property, like intellectual property. Although most IP laws are complete and utter bullshit, since they haven’t been around for nearly as long and have been lobbied to be whatever grotesque things they currently are.
And that wouldn’t necessarily be theft in your example, more like slight fraud, insofar that you’re basically convincing the driver (the automated computer in the real life example, which is why people and computer aren’t comparable, and now we have to consider this person to be some sort of mindless drone for the purposes of this hypothetical) that you are due two gold bars, even when you know it’s fraudulent and you’re only supposed to get one.
Because we all know the rewards system isn’t supposed to give out free gas. If you’re a person who’s cognitively capable of understanding what a rewards system is, you’re capable of understanding that.
What a reasonable person might do in that case is perhaps get gas free a few times, but there’s no way of arguing that a reasonable person took 28 000 dollars worth of gas without realising he was doing a serious crime.
