And others in this thread have also admitted to getting free stuff from Amazon.
A simple Google search will show countless others in the same situation.
Their system was at fault and I benefited from it.
You can call me whatever you want....I don't believe I stole anything and you can't change my mind on it, but keep on trying if you want.
What you did is theft by false pretenses, one of the many theories of liability of theft. This isn't even a close call. I've had companies ship me duplicates of items before, and I would have easily gotten away with it. But instead I called the company and let them know. Both of the times this occurred I was told to keep the item because it's more expensive to ship it back. Whatever action you choose when no one is watching and you can get away with it defines the person you actually are. I'm an asshole, among many other personality flaws, but at the end of the day I'm not a thieving rat.
Here is the jury instruction for the Penal Code section I use to prosecute people like you.
1804.Theft by False Pretense (Pen. Code, § 484)
The defendant is charged [in Count ] with [grand/petty] theft by
false pretense [in violation of Penal Code section 484].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant knowingly and intentionally deceived a property
owner [or the owner’s agent] by false or fraudulent
representation or pretense;
2. The defendant did so intending to persuade the owner [or the
owner’s agent] to let the defendant [or another person] take
possession and ownership of the property;
AND
3. The owner [or the owner’s agent] let the defendant [or another
person] take possession and ownership of the property because
the owner [or the owner’s agent] relied on the representation or
pretense.
You may not find the defendant guilty of this crime unless the People
have proved that:
[A. The false pretense was accompanied by either a false writing or
false token(;/.)]
[OR]
[(A/B). There was a note or memorandum of the pretense signed or
handwritten by the defendant(;/.)]
[OR]
[(A/B/C). Testimony from two witnesses or testimony from a single
witness along with other evidence supports the conclusion that the
defendant made the pretense.]
[Property includes money, labor, and real or personal property.]
Afalse pretense is any act, word, symbol, or token the purpose of which
is to deceive.
[Someone makes a false pretense if, intending to deceive, he or she does
[one or more of] the following:
[1. Gives information he or she knows is false(./;)]
[OR
2. Makes a misrepresentation recklessly without information that
1166
justifies a reasonable belief in its truth(./;)]
[OR
3. Does not give information when he or she has an obligation to do
so(./;)]
[OR
4. Makes a promise not intending to do what he or she promises.]]
[Proof that the representation or pretense was false is not enough by
itself to prove that the defendant intended to deceive.]
[Proof that the defendant did not perform as promised is not enough by
itself to prove that the defendant did not intend to perform as promised.]
[A false token is a document or object that is not authentic, but appears
to be, and is used to deceive.]
[For petty theft, the property taken can be of any value, no matter how
slight.]
[An owner [or an owner’s agent] relies on false pretense, if the falsehood
is an important part of the reason the owner [or agent] decides to give
up the property. The false pretense must be an important factor, but it
does not have to be the only factor the owner [or agent] considers in
making the decision. [If the owner [or agent] gives up property some
time after the pretense is made, the owner [or agent] must do so because
he or she relies on the pretense.]]
[An agent is someone to whom the owner has given complete or partial
authority and control over the owner’s property.