The term receiving stolen property refers to the act of knowingly accepting or handling property that has been stolen. A person commits this crime if they receive, keep, or sell stolen goods while being aware that the items are stolen or have reasonable grounds to believe they are stolen. However, if the person intends to return the property to its rightful owner, this act may not constitute a crime.
This term is primarily used in criminal law. It addresses situations where an individual is accused of possessing or dealing with stolen property. Legal practitioners may encounter this term in various contexts, including theft cases, property disputes, and criminal defense. Users can manage related legal processes using templates from US Legal Forms, which provide resources for drafting necessary documents or understanding their rights.
Here are a couple of examples of abatement:
Example 1: A person buys a laptop from a seller at a discounted price without asking how the seller acquired it. Later, the laptop is found to be stolen. The buyer may be charged with receiving stolen property.
Example 2: A pawn shop owner accepts jewelry from a customer without verifying its origin. If the jewelry is later identified as stolen, the owner could face legal consequences for receiving stolen property.
| State | Key Differences |
|---|---|
| California | Receiving stolen property is a wobbler offense, meaning it can be charged as either a misdemeanor or felony. |
| Texas | In Texas, the punishment can vary significantly based on the value of the stolen property. |
| New York | New York law requires proof of knowledge regarding the stolen nature of the property to secure a conviction. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Possession of Stolen Property | Refers to having stolen goods in one's control, which may not necessarily involve knowledge of their stolen status. |
| Theft | The act of taking someone else's property with the intent to permanently deprive them of it. |
| Burglary | Entering a building unlawfully with the intent to commit a crime, often theft. |
If you find yourself accused of receiving stolen property, it's important to take the situation seriously. Here are steps you can take:
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You may still face legal consequences if it can be proven that you had reasonable grounds to suspect the property was stolen.