Also known as: receiving stolen property · receive stolen property · receives stolen property · received stolen property · receiving stolen goods
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense consisting of receiving possession or control of personal property that retains stolen status. The recipient must know the property was obtained through criminal conduct by another person and must act with intent to permanently deprive the true owner of the property interest.
Maria, a used-vehicle dealer, buys a motorcycle from Carlos after he diverts it from a shipment. She regularly purchases vehicles from unofficial sources without documentation and knows the motorcycle is stolen. Because Maria receives the motorcycle in the course of her business of buying stolen property, the theft is graded as a felony.
Priya directs Marcus to store cartons of medications in a locked cold room she controls. The medications retain stolen status and the circumstances show Priya knows they were criminally obtained. Priya thereby receives possession and control with the required knowledge and intent to deprive the owner.
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Diego authorizes a stranger to park a truck loaded with tools bearing another contractor's logo inside the fenced site. He accepts two of the tools as payment. Diego exercises control over the stolen tools with knowledge of their status and intent to keep them permanently.
Everett accepts crates of electronics from Mary after she diverts them from Apex Shipping. He stores the crates in an area under his control and arranges resale. Everett receives the property while it retains stolen status, knowing it was obtained criminally by another.
Monica repeatedly purchases seed and fertilizer from Gemma at below-wholesale prices. Gemma diverts the goods and alters records to conceal the shortages. Monica receives the supplies knowing they were stolen and resells them through her business.
Bridget rents a storage unit and directs Angela to place lighting rigs inside. She later rents the rigs to venues and retains the profits. Bridget receives control of the rigs while they retain stolen status and continues using them after learning of the theft reports.
The offense requires receipt of possession or control of personal property that retains stolen status. The recipient must know the property was obtained through criminal conduct by another person and must intend to permanently deprive the true owner.
Supporting sources
Property loses stolen status when law enforcement recovers it and uses it in an authorized undercover operation with the owner's permission. A defendant who receives such property cannot be convicted of the completed offense though attempt liability may remain.
Supporting sources
Theft by receiving is a felony of the third degree if the receiver is in the business of buying or selling stolen property or if the property is a listed motor-propelled vehicle. The grade does not depend on the dollar amount when either condition is met.
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No. Receipt can be proved by any exercise of control, including directing the thief to place the property in a location the defendant designates. The defendant need not physically touch the goods.
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…from the former into the latter. 18 U. S. C. (1940 ed.) § 101 is the forerunner of that part of present § 641 dealing with receiving stolen property, 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…