Receiving Stolen Property


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Receiving Stolen Property

The offense of acquiring goods with the knowledge that they have been stolen, extorted, embezzled, or unlawfully taken in any manner.

The earliest statute that made receiving stolen property a crime was enacted in England in 1692. It provided that the receiver—the person who accepts the property—should be deemed an Accessory after the fact to the theft. The crime became a separate substantive offense in 1827, and it has been similarly treated in a majority of U.S. jurisdictions.

Elements

Receiving stolen property is defined by statute in most states. Generally it consists of four elements: (1) the property must be received; (2) it must have been previously stolen; (3) the person receiving the property must know it was stolen; and (4) the receiver must intend to deprive the owner of his or her property.

A person receives stolen property by acquiring or taking manual possession of it. Physical possession, however, is not always required. Under some statutes, it is sufficient if the accused has exercised control over the property. For example, a statute may declare that paying for the property constitutes control, regardless of whether the accused has handled it.

In many jurisdictions a belief that the property is stolen satisfies the knowledge element. It has been held that a mere suspicion does not constitute knowledge. Some statutes provide that a person has knowledge if he knows, or has reason to know, that goods are stolen. Another test is whether a reasonable person would suspect that the property was stolen. Knowledge is commonly proved by the circumstances surrounding the receipt of the property. For example, unexplained possession of goods that were recently stolen raises a presumption that the possessor received them illegally.

In order to be guilty, the receiver must intend to deprive the owner of the property. The crime is committed even if the receiver intends to obtain a reward for returning the property because she has gained a benefit from depriving the owner of possession, even temporarily.

Defenses

An honest, although mistaken, belief that property is not stolen is a defense to the crime of receiving stolen property. Intoxication is another defense, but the intoxication must be severe enough to prevent any knowledge that the property was stolen. Infancy and insanity are also good defenses.

Punishment

The punishment for receiving stolen property is a fine or imprisonment. The term of years imposed varies from state to state. In jurisdictions where value is an element of the offense, the severity of the penalty is commensurate with the value of the goods. Where value is not an element, it might still be significant in determining the severity of the punishment.

Civil Remedies

In a majority of states, the person whose property was stolen may bring a conversion action against the receiver of stolen property. If the accused is found to have converted the property, the victim has a choice of remedies. The victim may demand that the accused return the stolen property or may require the accused to pay the full value of the property at the time it was converted.

Federal Law

Receiving stolen property is proscribed by federal statute (18 U.S.C.A. § 662) when it occurs within the maritime or territorial jurisdiction of the United States or when such property has moved in interstate commerce.

References in periodicals archive ?
Camia Lipscome, 20, of Manchester, Connecticut, charged with larceny over $250, two counts of receiving stolen property over $250, and six counts of receiving stolen property under $250, continued to June 15 on $250 cash bail.
Tom Nelson and charged with unarmed robbery, assault and battery, receiving stolen property valued at $250 or more, disturbing the peace, subsequent offense, being a disorderly person, subsequent offense, and malicious/wanton destruction.
Dojack, 30, was charged with two counts of complicity to burglary and one count of complicity to receiving stolen property.
Worcester, appeared in the East Brookfield court on a single charge of receiving stolen property valued at more than $250.
Joseph's Garden of Peace Cemetery has been sentenced to 61 days in jail for receiving stolen property.
They were booked on suspicion of animal cruelty, burglary and receiving stolen property.
by officers James Hisman, Jeffrey O'Toole and Albert Bedard and charged with receiving stolen property valued at more than $250.
She served time for burglary, petty theft, vehicle theft, receiving stolen property, escaping prison and possession of a controlled substance.
Chunchien Lin, 23, of 26 Indian Pond Road, Westboro, is charged with larceny under $250, receiving stolen property under $250 (nine counts), receiving stolen property over $250, receiving stolen credit card, possession of a Class B drug and possession of a Class E drug.
Anthony Walker pleaded no contest to felony receiving stolen property and was sentenced Wednesday to 249 days in jail, for which he got credit for time already served, and was placed on probation.
WORCESTER -- A city man prosecutors have called a person of interest in a Rutland homicide investigation was indicted Friday on perjury, misleading police, larceny and receiving stolen property charges.
Locally, Usrey is expected to be charged with grand theft auto, hit-and-run, driving under the influence of drugs and receiving stolen property, Esposito said.