Also known as:receive stolen goods · receiving stolen goods · received stolen goods · receipt of stolen property · receiving stolen property
Written by attorneys · grounded in primary & secondary sources — see below
A common law offense committed when a person receives possession or control of personal property that retains its stolen status, knowing that another obtained the property through criminal conduct committed by someone other than the recipient, and intending to permanently deprive the true owner of the property. The offense is complete upon receipt with the required knowledge and intent. Subsequent resale is not required. Under the Model Penal Code grading rules, the offense becomes a felony of the third degree when the receiver operates in the business of buying or selling stolen property.
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Model Codes
Common Law
Course Outlines
How it applies
Common Examples
6
Pawnshop Dealer in Stolen Goods
Brett operates Urban Trade pawnshop near Bright Mall and advertises no-questions-asked purchases. Teenagers repeatedly bring designer clothing and electronics taken from the mall. Brett buys the items without inquiry, resells them quickly for profit, and these purchases form a substantial portion of his regular business over several months. The facts establish that Brett is in the business of buying and selling stolen property, elevating the offense to a felony of the third degree.
Kiosk Owner Accepts Discounted Bags
Lena owns a small handbag kiosk. After closing, Mark arrives with new designer handbags bearing store tags and alarm sensors still attached and offers them at half retail value as liquidation stock. Lena buys the bags and stores them in her kiosk. The bags were stolen from a nearby department store and retain that status. Lena's purchase and storage satisfy receipt of possession and control with knowledge and intent to deprive the true owner.
Supervisor Stores Marked Tools
Diego is a site supervisor. A delivery driver asks to park a flatbed loaded with brand-new power tools bearing another contractor's logo inside the fenced site. Diego agrees in exchange for keeping two of the tools. He exercises control by authorizing storage and accepting the marked tools as payment. The tools retain stolen status and the circumstances support knowledge that they were criminally obtained.
Technician Stores Medication Cartons
Priya is a lab technician. Marcus asks to store cartons of unopened brand-name medications in a locked cold room she controls, claiming they are expired samples despite valid expiration dates and missing paperwork. He offers cash for help finding buyers. Priya directs storage in the room she controls. The medications retain stolen status and the red flags support knowledge of criminal origin with intent to deprive the manufacturer.
Farm Equipment Buyer Retains Units
Anna operates a farm equipment repair shop. Cassandra offers GPS tractor units for cash, claiming they came from scrapped combines. Anna pays cash without documentation, takes possession, installs two units, and stores the rest. After learning the units match reported thefts, Anna continues using them in her business. The units retained stolen status at receipt and the circumstances establish knowledge and intent to deprive the owners.
Nightclub Operator Directs Storage
Bridget runs a nightclub promotion business. Angela delivers professional lighting rigs to a storage unit Bridget rented, claiming they were abandoned after a festival bankruptcy. Angela places the rigs inside at Bridget's direction. Bridget then rents the rigs to venues and retains profits. After an inquiry about missing equipment, Bridget continues renting without returning them. The rigs retained stolen status and the facts support knowledge and intent.
Common questions
Frequently Asked
5
What are the five elements of common law receipt of stolen property?+
The elements are receipt of possession or control of personal property that retains stolen status, knowledge that another obtained it through criminal conduct, commission of that conduct by someone other than the recipient, and intent to permanently deprive the true owner.
Supporting sources
How does the Model Penal Code grade theft by receiving stolen property?+
Theft by receiving is a felony of the third degree when the amount exceeds $500, the property is a listed motor-propelled vehicle, or the receiver is in the business of buying or selling stolen property. Amounts from a single scheme may be aggregated.
Does receipt of stolen property require the defendant to have stolen the goods originally?+
No. The criminal taking must have been committed by someone other than the recipient. The offense focuses on knowing receipt of already stolen property with intent to deprive the owner.
Supporting sources
When does property lose its stolen status for purposes of this offense?+
Property loses stolen status when law enforcement recovers it and uses it in an undercover operation with the owner's permission. In that situation the defendant may be guilty only of attempt.
Supporting sources
How is receipt proved when the defendant never physically handles the goods?+
Receipt may be shown by any exercise of control, such as designating a location for the thief to place the property or arranging for resale to a third party for profit.
Supporting sources
, and has no application to the problem at hand. The history of § 641 demonstrates that it was to apply to acts which constituted larceny or embezzlement at common law and also acts…
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receiving stolen goods
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Criminal Law & ProcedureOther crimes · Theft and receiving stolen goodsUBEFoundational