Also known as: possessing stolen property · possess stolen property · possession of stolen goods · receiving stolen property
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense consisting of knowingly receiving, retaining, or disposing of movable property of another knowing or believing it to be stolen.
Select any source to read its text and confirm it supports the definition.
Pavel Petrov runs a pawnshop and buys designer handbags repeatedly from a teenager who offers no receipts and sells far below retail. He immediately resells the bags online. Because Pavel is in the business of buying and selling stolen property, the offense is graded as a felony of the third degree even though no single transaction exceeds five hundred dollars.
Pilar Pena accepts several boxed televisions from a former hotel employee who claims they were written off. She arranges delivery to a side entrance and sells them online while keeping the proceeds. The facts support a finding that she knowingly received and disposed of stolen property with intent to deprive the true owner.
Pierce Patterson operates a vehicle dismantler business and acquires multiple late-model automobiles without obtaining titles or bills of sale. Registration checks later reveal the cars were reported stolen. His continued purchases after notice of the stolen status establish knowing possession of stolen property.
Pablo Perez pays construction workers cash for brand-new copper wiring and tools at prices far below market without keeping records. The jury finds he operates as a fence for stolen construction materials. The offense is therefore graded as a felony of the third degree because he is in the business of buying and selling stolen property.
Paul Peterson buys over one hundred fifty high-end laptops and smartphones from a single supplier at deep discounts with no documentation. He resells them quickly through his online business after hearing a remark that the devices must have fallen off a truck. The sustained pattern establishes that he is in the business of buying and selling stolen property, elevating the offense to a felony.
Penelope Price runs a pawnshop that advertises no-questions-asked cash buys. Over several months she repeatedly purchases new designer clothing and electronics from teenagers and resells them within days. The business model of regularly acquiring and moving stolen goods triggers felony grading for theft by receiving stolen property.
The offense requires that the defendant knowingly receive, retain, or dispose of the property while knowing or believing it was stolen. Circumstantial evidence such as suspiciously low prices, lack of documentation, and continued dealings after notice of theft can establish the required belief that the property was probably stolen.
Supporting sources
Under Model Penal Code section 223.1(2)(a), the offense is a felony of the third degree if the amount involved exceeds five hundred dollars or if the receiver is in the business of buying or selling stolen property. The business element applies even when individual items are worth less than five hundred dollars and even when the goods are not vehicles.
…Court of Common Pleas of Franklin County, Ohio, convicted respondent of forgery of a check in the name of Bernard Isaacs and of receiving stolen property, namely, checks in the name of Isaacs and his wife. The checks had been taken from the Isaacs' home, which had been burglarized. At respondent's preliminary hearing, the prosecution called…
…law. In Kirby v. United States , 174 U.S. 47, 19 S. Ct. 574, 43 L. Ed. 890 (1899), the Court considered Kirby's conviction for receiving stolen property, the evidence for which consisted, in part, of the records of conviction of three individuals who were found guilty of stealing the relevant
…from the former into the latter. 18 U. S. C. (1940 ed.) § 101 is the forerunner of that part of present § 641 dealing with receiving stolen property
…neither novel nor implausible. It is a time-tested theory that under girds numerous laws, such as the prohibition of the knowing possession of stolen goods
…States , 48 F. 2d 767 (CA6 1931) (misapplication of bank funds); United States v. Bagliore , 182 F. Supp. 714 (EDNY 1960) (receiving stolen property
Supporting sources
Retention constitutes a voluntary act when the defendant maintains exclusive control for a period long enough to permit termination of possession. Three weeks of sole access to a locked drawer while repeatedly reviewing the item supports a finding that the defendant could have relinquished control but chose not to.
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Yes. Receipt of stolen property is a distinct offense that punishes those who knowingly obtain or exercise control over property stolen by someone else. It is enough that the defendant designates where the items are delivered and then resells them with intent to deprive the true owner permanently.
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No. A person may operate a mixed business while still qualifying as a professional receiver if the pattern of acquisitions shows a sustained course of dealing in stolen goods. Repeated purchases from a single questionable source after notice of theft, cash payments without documentation, and rapid resale support the business element even when some inventory comes from legitimate channels.
Supporting sources