Also known as:thefts by receiving · receiving stolen property · receiving stolen goods
Written by attorneys · grounded in primary & secondary sources — see below
A form of theft consisting of purposely receiving, retaining, or disposing of movable property of another knowing that it has been stolen or believing that it has probably been stolen, unless the actor acts with the purpose of restoring the property to its owner.
Sources & Authorities· 1 primary source
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Model Codes
Study Supplements
How it applies
Common Examples
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Pawnshop Owner Graded as Felon
Trevor Tate operates a pawnshop that advertises no-questions-asked cash buys. Over several months he repeatedly purchases brand-new designer goods from the same teenagers at far below retail and immediately resells them. The jury finds that Tate is in the business of buying and selling stolen property. Because he qualifies as a professional receiver, the offense is graded as a felony of the third degree even though no single transaction exceeds five hundred dollars.
Used-Car Dealer Continues Purchases
Tessa Takahashi runs a used-car lot. She buys fifteen late-model vehicles from a single supplier who offers only verbal assurances and no titles. After registration checks reveal several cars were reported stolen, Takahashi buys five more from the same source. The sustained pattern of cash purchases without documentation after notice of theft establishes that she is operating as a receiver in the business of stolen vehicles.
Online Reseller Buys from Hacker
Tyler Taylor owns an electronics resale site. Over six months he buys more than one hundred high-end laptops and phones at deep discounts from a known hacker and quickly resells them online. Each device is worth less than five hundred dollars, yet Taylor's business model depends on these acquisitions. The repeated dealings with a single suspicious supplier establish that he is in the business of receiving stolen property.
Hotel Clerk Accepts Televisions
Tiana Tan is a front-desk clerk. A former maintenance worker delivers several boxed high-end televisions and states the hotel wrote them off. Tan arranges pickup at a side entrance and sells the sets online, keeping the proceeds. The circumstances permit the jury to find that Tan believed the televisions were probably stolen hotel property when she received and disposed of them.
Pawnshop Accepts Tagged Merchandise
Tamara Tan owns a pawnshop that advertises no-questions-asked purchases. Over four weeks she buys more than fifteen batches of new designer clothing and electronics still bearing retail tags from the same group of teenagers and immediately resells them. The volume, frequency, and absence of any verification support the conclusion that she is in the business of buying stolen property.
Shipyard Supplier Buys Marked Gear
Tiffany Torres runs a shipyard supply business. Over several months she buys navigation equipment and life rafts bearing a single vessel owner's markings from one dockworker at sixty percent below wholesale, paying cash with no documentation. The repeated deep discounts, consistent sourcing, and lack of paperwork allow the conclusion that Torres believed the equipment was probably stolen when she received it.
Common questions
Frequently Asked
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How is theft by receiving graded under the Model Penal Code when the defendant is in the business of buying or selling stolen property?+
The offense is graded as a felony of the third degree if the receiver is in the business of buying or selling stolen property. This business-status trigger operates independently of the dollar amount involved or the type of property. Once the jury finds that the defendant operates as a professional fence, the grading is elevated regardless of whether individual items are inexpensive or the total value stays below five hundred dollars.
What mental state satisfies the knowledge element for theft by receiving?
+
The defendant must purposely receive, retain, or dispose of the property while knowing it was stolen or believing it was probably stolen. Circumstantial evidence such as repeated purchases of brand-new tagged goods at deep discounts from the same suspicious sellers, rapid resale, and lack of documentation can support a finding that the defendant believed the items were probably stolen.
Supporting sources
Does the prosecution need to prove that the original thieves were convicted before convicting a defendant of theft by receiving?+
No. Theft by receiving is a separate offense. The prosecution may establish that the property was stolen and that the defendant knowingly received it through circumstantial evidence alone. Conviction of the original thieves is not required.
Supporting sources
Can a defendant who operates a legitimate retail business still be found to be in the business of buying or selling stolen property?+
Yes. A person may maintain a mixed or ostensibly legitimate business while simultaneously engaging in a regular trade in stolen goods. The grading rule focuses on whether the receiver is in the business of buying or selling stolen property, not on whether the entire operation is illicit.
Supporting sources
What evidence supports a finding that a pawnshop or reseller is in the business of receiving stolen property?+
Factors include repeated purchases from the same suspicious suppliers, cash transactions without documentation, acceptance of brand-new tagged merchandise at deep discounts, rapid resale, and continuation of the pattern after notice of theft. These circumstances together establish a systematic fencing operation.
Supporting sources
Does an honest but mistaken belief that the property was legitimately obtained negate liability for theft by receiving?+
An honest claim of right or genuine belief that the property was not stolen can serve as an affirmative defense. However, the defense fails when the objective circumstances—such as deep discounts, missing documentation, and repeated red flags—would cause a reasonable dealer to believe the property was probably stolen.
Supporting sources
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receiving stolen goods
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Criminal Law & ProcedureOther crimes · Theft and receiving stolen goodsUBEIntermediate