NCJ Number
45963
Journal
LEGAL POINTS Issue: 75 Dated: (1977)
Date Published
1977
Length
4 pages
Annotation
A DISCUSSION OF THE CRIME OF RECEIVING STOLEN PROPERTY, INCLUDING ITS DEFINITION AND LEGAL PENALTIES UNDER BOTH STATE AND FEDERAL LAWS, IS PRESENTED.
Abstract
RECEIVING STOLEN PROPERTY REFERS TO KNOWINGLY RECEIVING STOLEN PROPERTY WHICH RETAINS ITS STOLEN CHARACTER. HOWEVER, UNDERSTANDING THIS DEFINITION IS COMPLICATED BY DISAGREEMENT AMONG JURISDICTIONS AS TO THE MEANING OF THE TERMS 'RECEIVING, 'KNOWINGLY,' AND 'STOLEN.' IN GENERAL, RECEIVING REFERS TO TAKING POSSESSION, AND MOST COURTS CONCENTRATE ON WHETHER THERE IS ACTUAL POSSESSION, AND IF NOT, WHETHER THE DEFENDANT EXERCISED SOME DEGREE OF CONTROL OVER THE PROPERTY. TIME IS NOT AN ESSENTIAL ELEMENT IN THE POSSESSION OR CONTROL, AND A CONVICTION MAY BE OBTAINED EVEN IF THE RECEIVER ACTS AS AN AGENT. ASSISTING A THIEF IN THE CONVERSION OF PROPERTY MAY ALSO BE CONSIDERED RECEIVING, ALTHOUGH SIMPLE ACCESS OR PROXIMITY IS NOT SUFFICIENT FOR PROOF OF POSSESSION. WHILE PROPERTY ACQUIRED THROUGH LARCENY, ROBBERY, OR BURGLARY IS UNIVERSALLY ACCEPTED AS BEING STOLEN, SOME PROBLEMS ARISE IN PROPERTY ACQUIRED THROUGH EMBEZZLEMENT, CONVERSION, OR FRAUD. HOW THESE OFFENSES ARE HANDLED VARIES AMONG THE STATES AND WILL DEPEND UPON THE WORDING OF THE RELEVANT STATUTES. IF IT CAN BE SHOWN THAT THE PROPERTY WAS TAKEN WITHOUT FELONIOUS INTENT OR WITH THE OWNER'S CONSENT, THEN THE PROPERTY IS NOT STOLEN. A NUMBER OF STATUTES FURTHER SPECIFY THAT THE RECEIVER MUST BE SOMEONE OTHER THAN THE TAKER OF THE PROPERTY. ALTHOUGH SOME COURTS HAVE HELD THAT BELIEF IN THE STOLEN CHARACTER OF THE PROPERTY IS SUFFICIENT FOR CONVICTION, USUALLY THE PROPERTY MUST MAINTAIN ITS STOLEN CHARACTER. RECOVERY OF THE PROPERTY BY THE OWNER CAUSES THE GOODS TO LOSE THEIR STOLEN CHARACTER. THE MENS REA (CRIMINAL INTENT) REQUIRED FOR THIS CRIME IS GENERALLY SPOKEN OF AS 'GUILTY KNOWLEDGE.' TO PROVE ACTUAL KNOWLEDGE OR BELIEF OF THE STOLEN CHARACTER OF THE PROPERTY USUALLY REQUIRES PROVING THAT UNDER THE CIRCUMSTANCES, THE DEFENDANT SHOULD HAVE KNOWN THE PROPERTY WAS OBTAINED BY THEFT. A PERSON'S LACK OF INTELLIGENCE MAY BE A DEFENSE. SOME JURISDICTIONS INCLUDE A REQUISITE INTENT TO DEPRIVE ANOTHER OF THE PROPERTY OR TO GAIN FOR ONESELF. CIRCUMSTANTIAL EVIDENCE MAY BE USED TO SHOW A PROBABLE KNOWLEDGE OR BELIEF. CRIMINAL NEGLIGENCE TO INVESTIGATE SUSPICIONS OF AN ITEM'S STOLEN CHARACTER MAY CREATE AN INFERENCE OF GUILTY KNOWLEDGE. IN GENERAL, A RECEIVER MAY BE CONVICTED EVEN IF THE ORIGINAL THIEF IS NOT APPREHENDED OR CONVICTED AND EVEN IF THE THEFT WAS IN ANOTHER JURISDICTION. MOST STATES PROVIDE FOR A DISTINCTION BETWEEN MISDEMEANOR AND FELONIOUS RECEIVING OF STOLEN GOODS BASED ON THE VALUE OF THE PROPERTY. AT THE TIME OF WRITING, 20 STATES PROVIDE CIVIL REMEDIES TO A PERSON INJURED BY A RECEIVING STOLEN PROPERTY TRANSACTION, AND ALL STATES PERMIT INJURED OWNERS TO BRING ACTIONS IN CONVERSION TO RECOVER LOST PROPERTY OR ITS VALUE. THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT, THE NATIONAL STOLEN PROPERTY ACT, AND THE FEDERAL BANK ROBBERY ACT ALL RELATE TO THE RECEIPT, POSSESSION, TRANSPORT, OR DISPOSING OF STOLEN PROPERTY. NOTES AND REFERENCES ARE INCLUDED. FOR PART 2, SEE NCJ-45961. (JAP)