Receiving Stolen Property

(See, MPC § 223.6) Receiving stolen property is generally defined as buying or acquiring possession to any property which has been obtained in any manner constituting theft, knowing the property to be so stolen or obtained. One is also guilty of this offense by concealing or aiding to conceal property which has been obtained in any manner constituting theft, knowing the property to be so stolen or obtained.

Mnemonic: RISK

A. Receipt or Concealment

This offense requires either that one have the property in one’s possession, through monetary or other acquisition, or that one conceal or aid in concealing the property.

B. Intent

Some statutes require that one receive or conceal the property for one’s own gain or in order to prevent the owner from possessing the property. Other statutes do not require specific intent.

C. Stolen Property

The property received must have been the object of a theft committed by another, such as larceny, embezzlement, false pretenses, extortion, or robbery. If it is not possible to show the elements of the underlying theft offense, whether or not anyone is actually convicted of such an offense, the property cannot be the object of theft. Thus, the property must be takable property and the original taker must have had the requisite intent.

D. Knowingly

It must be shown that one knew or should have reasonably known at the time of receipt or concealment that the property is the object of theft.