No, it would be theft if he was there (I.E. they took it from him); since he left it, that's "protective custody". There are definitely bars where, if someone left their phone, I'd take it (to return to them) rather than leave it with the bartender or any other patron. And yeah, if it was something I or the world had never seen before, I'd rifle through it a bit.
And my point was not intent, but rather that they did not perform any stealing -- at best, they can be considered an accomplice -- or whatever it would be, fencing? -- if they bought known stolen goods. The statute of limitations comment came from "if they try to return it within a reasonable amount of time, then it's not considered stealing". I bet the statute of limitations is pretty long on that one.
But if you want to play armchair judge jury and executioner, Jacob, at least ...you know, be right. It says right there that they have to know it was stolen in order to be held liable. I win. Nanner nanner.
And WTH is a 'jenny'? And why artichokes?