Can I be arrested for stolen property if I do not know where it came from?

Question

If it is not known where the property came from, is there still a case?

Philip Hache · Answer

Are you being charged with receiving stolen property?  or stealing stolen property?

Steven D. Dunnings · Answer

Yes.

Jared Altman · Answer

Yes.

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

Speaking generally, knowledge is part of the mental component of an offense called "mens rea." With most criminal offenses (strict liability being an important exception) the prosecutor must prove that the person either knew, or a jury could infer based on a person's conduct or the circumstances, some type of criminal intention behind their alleged conduct. Ultimately, questions of state of mind are usually factual and up being decided by judge or jury. The prosecutor has the ultimate burden of proof. However, simply because a person is charged does not mean that they will be convicted.

Michael J. Breczinski · Answer

Yes you can, if there was circumstances that you should have known that the property was stolen. IE a 10,000 dollars diamond ring for $200.

Mark R. Thiessen · Answer

Possession of Stolen property.  Yes.  Otherwise it would be very easy for people with stolen stuff just to claim they didn't know.

Kenneth Christopher · Answer

There is no exact answer to your question. One of the elements of possession of stolen property is having knowledge or having reason to know it was stolen. Accordingly, if you did not know where the property came from or have reason to believe it was stolen you may have a defense. However, the fact is the State may charge you with the crime and require you to appear in Court to answer the charges despite the fact that you may have a valid defense. The defense does not prevent you from being charged initially but may provide the opportunity to work the case out with the DA's office upon making them aware of your defense or preparing to present your defense at trial. You should contact an attorney if formal charges are or have been filed. The attorney can further asses your case to determine your likelihood of success with your defense and assess the merits of the charges against you.

Eric Sterkenburg · Answer

California penal code section 496 (a) requires that the person receiving the property have knowledge that the property was stolen. Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year. If you did not have knowledge that the property was stolen and you can prove that you are not guilty in the eyes of the law. You should not have to prove that you did not know the property was stolen. the prosecution has to prove that you knew. However, as it is possible to get a jury that thinks that someone would not be on trial unless they were guilty; you should be ready to prove that you did not know.

Stephen Freeborn · Answer

Sounds to me, from your question, that you knew the property was stolen.  If you took possession of the property knowing it was stolen, then you may have a problem.  Consult with local counsel.

Seth Schraier · Answer

The answer to this will rest on whether you know or should have known that the property you received was stolen.  Here are the applicable statutes in New York:  *Criminal Possession of Stolen Property in Fifth Degree - NY PL 165.40*  A person is guilty of Criminal Possession of Stolen Property in the Fifth Degree when he knowingly possesses property that is stolen and he also has the intent to benefit himself or another person or impedes the owner from recovering the property. New York Penal Law 165.40 is an "A" misdemeanor punishable by up to one year in jail.  *Criminal Possession of Stolen Property in Fourth Degree - NY PL 165.45*  The value of the stolen property exceeds $1,000. New York Penal Law 165.45 is an "E" felony punishable by up to four years in state prison.  *Criminal Possession of Stolen Property in Third Degree - NY PL 165.50*  The value of the stolen property exceeds $3,000. New York Penal Law 165.50 is a "D" felony punishable by up to seven years in state prison. * Criminal Possession of Stolen Property in Second Degree - NY PL 165.52*  The value of the stolen property exceeds $50,000. New York Penal Law 165.52 is a "C" felony punishable by up to fifteen years in state prison.  *Criminal Possession of Stolen Property in First Degree - NY PL 165.54*  The value of the stolen property exceeds $1,000,000. New York Penal Law 165.54 is a "B" felony punishable by up to twenty five years in state prison. A tremendous body of case law addresses this presumption that stands for the position that if an accused has exclusive possession of the property shortly after a theft crime is perpetrated and there are circumstances such as the inability to explain where the property came from, a negative inference may be drawn. That inference is that the accused knew that the property he or she possessed was stolen.

Mark Bruce · Answer

If you know it's stolen, that's enough.  Penal Code 496 says "knows or should have known it was stolen.". There's no requirement in the law that you have to know from whom the item was stolen.

Thomas Tomko · Answer

In general, there must be knowledge that the property was stolen.  This is not the end of the analysis, however.  If I offer to sell you a new ipad for $50 right out of the box, it will perhaps put you on notice that you are buying a stolen ipad.  Therefore, the circumstances will determine actual notice that the property was stolen or implied notice that the property was stolen based on a number of other factors.  I hope that this was helpful.

Jared Austin · Answer

Anybody can be arrested and charged with anything. Proving it beyond a reasonable doubt is another matter entirely. To be convicted for receiving stolen property the prosecution would have to prove beyond a reasonable doubt that you knew the property was stolen or reasonably you should have known it was stolen. It will depend on the facts and evidence of the case. Retain an experienced criminal attorney to represent you.

Craig Elhart · Answer

It may depend on how you came into possession of the property.

Dennis Roberts · Answer

If the price for which you purchased it is really low you are presumed to know  it is stolen.

Louis Leibowitz · Answer

Yes. If the property was stolen recently and you are in possession of it, the law presumes that you know that it is stolen. You should talk to a lawyer about preparing a defense. Don't assume the charges will be dropped because you are innocent.

Jason Savela · Answer

If you know the property is stolen, you are in receipt of stolen property - this can be a felony if the value is large.

Eric Chandler · Answer

Yes, if you know, or knew, the property was stolen, then you can be prosecuted for "theft by receiving stolen property".

James Edward Smith · Answer

If you possessed property which you should have known was stolen you can be arrested.  The police don't have to show actual knowledge of stolen property but they would have to show that the property was stolen and that a reasonable person possessing that property under the circumstances should have known it was stolen.

Harley Gutin · Answer

Maybe.  The test is:  Knew or should have known the property was stolen.  Where it came from isn't the only question.  Did you know or should you have known it was stolen?  Was it too good to be true (that the item or property was being sold for a price that indicated by itself that there was something wrong with this transaction or were there any other indicators to suggest something was wrong)?

Cynthia Henley · Answer

If the property is stolen, even if you did not know it, it is possible you can be charged with the theft. (In fact, you could be charged with burglary if it was taken in a burglary and certain facts exist.) Since you didn't give a lot of information, here is some quotes from cases that might shed some light on your situation.  Evidence of unexplained possession of recently stolen property may nonetheless be a circumstance to be considered in a sufficiency analysis.

Donna Eugenia Vasilkovs · Answer

Yes, the source is irrelevant. If you are in possession of property that you do not in fact know is stolen but for which a REASONABLE PERSON IN YOUR POSITION WOULD SUSPECT IS HOT, you can be charged regardless of whether you kn ow its origins. However, there is a defense of unwitting possession. Ask your attorney about that defense.

John DeVito · Answer

In Massachusetts you can be charged with Receiving Stolen Property if you possess property which was stolen.  You do not have to know where the property came from, you just have to know it was stolen or probably stolen. In other words if you know property is stolen and you chose to keep it then you can be arrested. If someone sells you a Rolex watch for $100 and you know it is worth $8000, you can guess that it was probably stolen. Again you could be arrested and yes there is a case.

James Schoenberger · Answer

You can be charged but knowledge is an element of the crime. If you did not know it was stolen and there was nothing about the item or transaction that would alert a reasonable person that it likely is stolen, the case against you fails.

Daniel Kieth Martin · Answer

Anyone can be arrested and charged with any crime. The question is can the prosecutor prove the case. Usually the prosecutor will use circumstantial evidence to prove or will fail to prove that you knew that the item was stolen.

John Bussman · Answer

Impossible say for sure without more info. If you possessed stolen property and you should have known that it was stolen, you're guilty even if you didn't know specifically where it was stolen from.

Matthew Murillo · Answer

If you know it's stolen, it doesn't matter where it came from or whether you know where it came from.

Geoffrey MacLaren Yaryan · Answer

Knowing where it came from is not the issue. You would have to have knowledge it was stolen or that you should have known it was stolen to be   convicted of receiving stolen property. Knowing where is came from is not necessarily important.

Jaime Cowan · Answer

If you it cn be shown that you knew if was stolen you could be charged with receiving stolen merchandise.

Jeff Yeh · Answer

Technically no, because there would be a lack of criminal intent. However, who would believe you? You need to begin shopping for a lawyer.

Joseph Dane · Answer

If you are in possession of property that is in fact stolen and you knew (or reasonably should have known) that it was stolen, yes, you can be arrested.  Do they have enough to convict you?  There's no way to know that without seeing all the reports and evidence against you.    Bottom line?  You need a criminal defense attorney.

Paula Drake · Answer

The issue is whether or not you knew the property was stolen. It is possible to know it was stolen, but not have been told where it was stolen from. Again, the issue is that you knowingly received the property with the knowledge that it was stolen.

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Can I be arrested for stolen property if I do not know where it came from?

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