Possession of stolen goods
Encyclopedia
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods some other way.
In many countries, if an individual has accepted possession of goods or property and knew they were stolen, then the individual is typically charged with a misdemeanor or felony, depending on the value of the stolen goods. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, there are often exceptions, due to the difficulty of proving or disproving an individual's knowledge that the goods were stolen.
, this crime is called reset. It includes property that was taken by theft
or robbery
as well as property taken by breaches of trust
including embezzlement
, fraud
and willful imposition.
, Receipt of stolen property is a federal crime
under , defined as knowingly receiving, concealing, or disposing of stolen property with a value of at least $5,000 that also constitutes interstate commerce (i.e., has been transported across state lines).
A person can be found guilty of that offense only if all of the following facts are proven:
The government
must prove beyond a reasonable doubt
that the person either received, concealed, stored, sold, or disposed of the stolen property.
To be guilty of the offense, a person must know that the property had been stolen, but he need not know that it was moving as, or constituted a part of, interstate commerce. The term "interstate commerce" merely refers to the movement of property from one U.S. state
into another; and it is sufficient if the property has recently moved interstate as a result of a transaction or a series of related transactions that have not been fully completed or consummated at the time of the person's acts as alleged.
All US states also have laws regarding receipt of stolen property; however, there usually is no minimum dollar amount in many jurisdictions, and, of course, the requirement in Federal law regarding interstate commerce does not apply. Also, in many states (Ohio
, for example), the burden to prove criminal intent
is not as stringent or is nonexistent. This means that one can be charged with the crime - usually a minor degree of felony
- even if the person did not know the item in question was stolen. In the Ohio case of State v. Awad, the goods did not need to actually be stolen, just represented as such.
Receiving stolen property and possession of stolen property are treated as separate offenses in some jurisdictions. The distinguishing element is when the person knew that the property was stolen. If the person knew that the property was stolen at the time he received it, the crime is receiving stolen property. If the person did not know the property was stolen at the time she received it but found out after receiving possession, the crime is possession of stolen property.
The state must prove that the defendant received or possessed the property for a dishonest purpose. If, for example, the person acquired possession for the purpose of returning the property to its lawful owner, no crime has been committed.
In many countries, if an individual has accepted possession of goods or property and knew they were stolen, then the individual is typically charged with a misdemeanor or felony, depending on the value of the stolen goods. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, there are often exceptions, due to the difficulty of proving or disproving an individual's knowledge that the goods were stolen.
Scotland
In ScotlandCriminal Law (Consolidation) (Scotland) Act 1995
The Criminal Law Act 1995 is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.-Incest and related offences:...
, this crime is called reset. It includes property that was taken by theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
or robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
as well as property taken by breaches of trust
Position of trust
Position of trust is a legal term that is commonly used in the United Kingdom, the United States, and Canada. It refers to a position of authority over another person or within an organization, for example as a supervisor...
including embezzlement
Embezzlement
Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
, fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
and willful imposition.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Receipt of stolen property is a federal crime
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
under , defined as knowingly receiving, concealing, or disposing of stolen property with a value of at least $5,000 that also constitutes interstate commerce (i.e., has been transported across state lines).
A person can be found guilty of that offense only if all of the following facts are proven:
- The person received or concealed or stored or disposed of items of stolen property.
- The items were moving as, or constituted a part of, interstate commerce.
- The items had a value in excess of $5,000.
- The person acted knowingly and willfully.
The government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
must prove beyond a reasonable doubt
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
that the person either received, concealed, stored, sold, or disposed of the stolen property.
To be guilty of the offense, a person must know that the property had been stolen, but he need not know that it was moving as, or constituted a part of, interstate commerce. The term "interstate commerce" merely refers to the movement of property from one U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
into another; and it is sufficient if the property has recently moved interstate as a result of a transaction or a series of related transactions that have not been fully completed or consummated at the time of the person's acts as alleged.
All US states also have laws regarding receipt of stolen property; however, there usually is no minimum dollar amount in many jurisdictions, and, of course, the requirement in Federal law regarding interstate commerce does not apply. Also, in many states (Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, for example), the burden to prove criminal intent
Criminal intent
Criminal intent is the plan of a person to commit a crime. Criminal intent can be one of the requirements for convicting someone for a crime. Advocates for proving criminal intent believe that a person is only a criminal if they intended to do the crime....
is not as stringent or is nonexistent. This means that one can be charged with the crime - usually a minor degree of felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
- even if the person did not know the item in question was stolen. In the Ohio case of State v. Awad, the goods did not need to actually be stolen, just represented as such.
Receiving stolen property and possession of stolen property are treated as separate offenses in some jurisdictions. The distinguishing element is when the person knew that the property was stolen. If the person knew that the property was stolen at the time he received it, the crime is receiving stolen property. If the person did not know the property was stolen at the time she received it but found out after receiving possession, the crime is possession of stolen property.
The state must prove that the defendant received or possessed the property for a dishonest purpose. If, for example, the person acquired possession for the purpose of returning the property to its lawful owner, no crime has been committed.