Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods.
In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a misdemeanor or felony, depending on the value of the stolen goods, and the goods are returned to the original owner. 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, it can be difficult to prove or disprove a suspect's knowledge that the goods were stolen.
Nature of offense by country.
United States.
In the United States, receipt of stolen property is a federal crime under 18 U.S.C. § 2315, and is defined as knowingly receiving, concealing, or disposing of stolen property with a value of at least $5,000 such that it also constitutes interstate commerce (for example, 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 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 U.S. states also have laws regarding receipt of stolen property. There is no minimum dollar amount in many jurisdictions, and in the case of state laws the requirement from Federal law regarding interstate commerce does not apply. 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 one 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. What distinguishes the offenses is when the person became aware 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.
