Interstate Transport of Stolen Property (From White-Collar Crime: Fifth Survey of Law, P 917-930, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120573
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 917-930
• Author(s): J D Piel
• Date Published: 1989
• Length: 14 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

While the interstate transportation of stolen property can be prosecuted under a number of Federal statutes, the National Stolen Property Act is most often employed because it contains the broadest provisions.

Abstract

The National Stolen Property Act has two major purposes: it helps States prosecute those who steal property and transport it to another State to avoid the jurisdiction of the former State, and it deters theft and the transportation and receipt of stolen property by imposing heavy penalties. Elements of a crime under the Act are discussed in detail, along with relevant case law and defenses. In 1985, the U.S. Supreme Court held that the National Stolen Property Act could not be used to prosecute cases involving the transportation in interstate commerce of goods that infringed pre-existing copyrights. Theft of the intangible elements of a trade secret could probably not be prosecuted under the Act either. 98 footnotes.