3.318 — RECEIVING STOLEN PROPERTY

Violations of "Statute 3.318" results in a Class A Misdemeanor (if property value is below $2,500) or Class F Felony (if property value is above $2,500+)

(a) Definitions

Receiving stolen property refers to the act of knowingly obtaining, possessing, or disposing of property that has been unlawfully stolen by another individual, with knowledge or reasonable suspicion that the property was obtained through theft or criminal activity. This offense involves the acquisition or control of stolen goods, with the intent to keep, sell, or dispose of the property in a manner that benefits the defendant.

(b) Elements

To establish the offense of receiving stolen property, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly received or purchased stolen property.
The property was stolen, or the defendant knew or had reason to believe the property was stolen.
The defendant had control, possession, or custody of the stolen property.
The defendant acted with the intent to permanently deprive the rightful owner of the property, or the intent to benefit from the stolen goods (e.g., by selling, trading, or using them).

(c) Defenses

Defenses against a charge of receiving stolen property may include:

Lack of Knowledge: The defendant did not know and had no reason to believe the property was stolen at the time of receiving it.
No Intent to Benefit: The defendant received the property without the intent to sell, trade, or otherwise profit from it, and did not intend to keep it permanently.
Mistake of Fact: The defendant was unaware that the property in question had been stolen due to a reasonable misunderstanding or mistake regarding the circumstances.
Ownership or Permission: The defendant can provide evidence that they lawfully obtained the property or had permission from the rightful owner to take or possess it

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

Repeat Offender: The defendant has a history of receiving stolen property or other theft-related offenses, demonstrating a pattern of criminal behavior.
Value of Stolen Property: The value of the stolen property is significant, which can elevate the severity of the charge and penalties.
Involvement in Organized Crime: The defendant is part of a group or network involved in the theft and distribution of stolen property, making the offense part of a larger criminal enterprise.
Dangerous Property: The stolen property includes dangerous or hazardous items, such as firearms, explosives, or controlled substances, which could cause harm or pose a threat to public safety.

Previous3.317 — ILLEGAL SQUATTING Next3.319 — VANDALISM

Last updated 2 months ago

(a) Definitions

(b) Elements

To establish the offense of receiving stolen property, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly received or purchased stolen property.

The property was stolen, or the defendant knew or had reason to believe the property was stolen.

The defendant had control, possession, or custody of the stolen property.

The defendant acted with the intent to permanently deprive the rightful owner of the property, or the intent to benefit from the stolen goods (e.g., by selling, trading, or using them).

Defenses against a charge of receiving stolen property may include:

Lack of Knowledge: The defendant did not know and had no reason to believe the property was stolen at the time of receiving it.

No Intent to Benefit: The defendant received the property without the intent to sell, trade, or otherwise profit from it, and did not intend to keep it permanently.

Mistake of Fact: The defendant was unaware that the property in question had been stolen due to a reasonable misunderstanding or mistake regarding the circumstances.

Ownership or Permission: The defendant can provide evidence that they lawfully obtained the property or had permission from the rightful owner to take or possess it

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

Repeat Offender: The defendant has a history of receiving stolen property or other theft-related offenses, demonstrating a pattern of criminal behavior.

Value of Stolen Property: The value of the stolen property is significant, which can elevate the severity of the charge and penalties.

Involvement in Organized Crime: The defendant is part of a group or network involved in the theft and distribution of stolen property, making the offense part of a larger criminal enterprise.

Dangerous Property: The stolen property includes dangerous or hazardous items, such as firearms, explosives, or controlled substances, which could cause harm or pose a threat to public safety.