Also known as: receive stolen property · received stolen property · receives stolen property · receipt of stolen property
Written by attorneys · grounded in primary & secondary sources — see below
An offense consisting of acquiring possession or control of personal property that retains stolen status, knowing that another person obtained it through criminal conduct, and acting with intent to permanently deprive the true owner of the property.
Maria, a used-vehicle dealer, buys a motorcycle from Carlos after he diverts it from a shipment. She regularly purchases vehicles from unofficial sources without documentation and knows the motorcycle is stolen. Because Maria receives the motorcycle in the course of her business, the theft is graded as a felony.
Diego, a site supervisor, allows a stranger to park a truck loaded with marked power tools inside a fenced site in exchange for two tools. He exercises control over the tools by designating their location and accepts them as payment. The facts support that Diego knew the tools were stolen and intended to keep them permanently.
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Lena buys designer handbags with store tags still attached from a stranger at a steep discount after hours. She stores the bags in her kiosk with intent to resell them. The circumstances establish that Lena received stolen property at common law.
Priya directs an outside contractor to store cartons of unopened medications with valid expiration dates and missing paperwork in a locked room she controls. She agrees to help find buyers for cash. The red flags support that Priya received stolen property.
Derek buys designer handbags from a street vendor behind the mall at a fraction of retail price shortly after similar bags disappeared from his store. He immediately resells them for profit without investigating. The timing and price support an inference that Derek received stolen property.
Everett accepts diverted electronics crates from a crew member at a private dock and stores them in an area he controls while arranging resale. He knows the crates were obtained through manifest alterations. Everett thereby receives stolen property with the required knowledge and intent.
The prosecution must show that the defendant received possession or control of personal property that retained stolen status, knew that another person obtained the property through criminal conduct, and acted with intent to permanently deprive the true owner.
Supporting sources
Theft by receiving is a felony of the third degree if the receiver is in the business of buying or selling stolen property or if the property is a listed motor-propelled vehicle such as a motorcycle or motorboat.
Supporting sources
No. Receipt can be shown by any exercise of control, such as directing where the thief should place the property or designating a storage location, even without physical handling by the defendant.
Supporting sources
The goods lose their stolen status, so the defendant cannot commit the completed offense of receipt of stolen property, though attempt liability may still apply.
Supporting sources
…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…