Also known as: acquirenda possessione · acquiring possession
Written by attorneys · grounded in primary & secondary sources — see below
An act of acquiring possession, control, or title of movable property of another.
Marcos manages a pawnshop and repeatedly buys brand-new designer handbags bearing store security tags from the same seller at far below retail price with no receipts. He immediately places the bags in the display case for resale. The acquisition of possession under these circumstances satisfies the receiving element of theft.
Leo buys nearly new portable ultrasound machines from a traveling nurse at a steep discount after she offers a dubious story about a closed clinic and provides no paperwork. He quickly lists the machines for resale. The moment he obtains possession and control triggers liability analysis under receiving stolen property rules.
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It describes the precise moment when a person acquires possession, control, or title of movable property belonging to another. Under Model Penal Code § 223.6(1), this act of acquisition completes the receiving element when accompanied by the required belief that the property was probably stolen.
No. The phrase focuses only on the act of acquisition. Liability arises when the acquirer believes the property has probably been stolen, which can be inferred from circumstances such as repeated purchases at far below market value without documentation.
Dealer status strengthens the inference that the person believed the property was probably stolen at the moment of acquisition. Presumptions often apply when a dealer obtains goods far below value or under other suspicious conditions during the acquisition process.
…the losses which may occur because of a dangerous condition the chattel possesses. These factors make it likely that the party acquiring possession of the article will assume it is in a safe condition for use and therefore refrain from taking precautionary measures himself. 2 Harper and James, Torts , § 28.19 (1956). Harper and James…