Any of these stories “just right”?
Fairy tale law: Goldilocks and the Three Bears, by Christianah B on the University of Law blog provides a rigorous analysis of The People v Goldilocks
She states:
The state could bring criminal charges against Goldilocks for burglary in the first degree, petty theft of porridge and criminal damage to property (i.e., a chair). The bears can easily show that Goldilocks trespassed on their land. As for the claims of conversion, the bears must show three things:
- that they owned the porridge and the chair;
- that Goldilocks performed an act inconsistent with that ownership; and
- that their property was damaged by Goldilocks’ acts.
Since Goldilocks ate the porridge then sat in and broke the chair, the bears can show that she converted those items and recover their value from Goldilocks.
Trespassing is a crime, but in order to be found guilty of trespassing, a person must enter the land after being warned not to or stay on the land after being told to leave. Unless the bears posted a sign warning against trespassers, Goldilocks could be found guilty only of a civil offense.
On the other hand, Goldilocks entered the bears’ cottage without consent with the intent of committing a crime. While she was in the house, the three bears returned home. Because of these conditions, Goldilocks can be charged with burglary in the first degree – a crime punishable by up to 14 years in prison.
The state could also press charges against Goldilocks for criminal damage to property given that she broke the chair, but this would likely fail. The law states that a person must knowingly damage property to be guilty of a criminal offence. Because Goldilocks did not know that she would break the chair if she sat in it, that charge would probably fail.
The St. Louis Park Minnesota law firm of Avery Appelman, LLC offers this analysis of the Goldilocks case:
“Goldilocks entered the dwelling without consent with the intent of committing a crime. While she was in the house, the Three Bears returned home. Because of these conditions, Goldilocks was charged with Burglary in the First Degree. This is a felony charge and Goldilocks could be sentenced to imprisonment for up to 20 years or a fine of up to $35,000.
Goldilocks broke Baby Bear’s chair, which was handcrafted by elves and very valuable. It would cost the Bears over $500 to replace the chair, so Goldilocks was charged with Criminal Damage to Property in the First Degree. For this, Goldilocks could receive a sentence of up to 5 years or a fine of up to $10,000.
Goldilocks ate the Bears’ porridge. Although the porridge is not especially valuable, this is still considered a crime. Goldilocks was charged with Misdemeanor Theft which carries a maximum penalty of 90 days in jail and fines up to $1,000″.
What about in California?
The petty theft of the porridge is an easier case, as Goldilocks clearly steals it by eating it. In most countries, the seriousness of the theft is determined by the value of the item. Since the porridge was probably worth less than $50, it would be classed as petty theft. In 2014, California adopted Proposition 47, which made thefts of $950 or less a misdemeanor.
The original story was called “The Story of the Three Bears, a 19th-century British fairy tale of which three versions exist. The original version of the tale by Robert Southey, tells of a not-so-polite old woman who enters the forest home of three bachelor bears while they are away. She sits in their chairs, eats some of their soup, sits down on one of their chairs and breaks it, and sleeps in one of their beds. When the bears return and discover her, she wakes up, jumps out of the window, and is never seen again. In a case of 19th Century “ageism” at work, the second version replaced the old woman with a little girl named Goldilocks, and the third and by far best-known version replaced the original bear trio with Papa Bear, Mama Bear, and Baby Bear. Source: Wikipedia
