Receiving Stolen Property 2C:20-7
The criminal offense of receiving stolen property is an act of theft. Receiving stolen property involves knowingly receiving or bringing into the State of New Jersey the movable property of another knowing that it has been stolen or believing that it is probably stolen. Receiving can mean acquiring possession, control, or title of the property. It can also mean lending on the security of the property. It is an affirmative defense if a person receives property with the purpose of restoring it to the owner.
The State presumes that the person has knowledge or belief that an item of property is stolen in four situations. The first is when the person is found in possession or control of two or more items of property that have been stolen on two or more separate occasions. The second is when the person received stolen property in another exchange within the year preceding the current case. The third is when the person is in the business of buying or selling property of the sort that is of concern. The person must have come by the property of concern without having conducted a reasonable inquiry. A person involved in buying or selling property of certain types should determine whether the seller of the item had a legal right to possess and dispose of it. The fourth is when the person is found in possession of two or more defaced access devices.
The penalty for receiving stolen property is determined by the value of the item. If the retail value of the items stolen is over $75,000, the crime is a second degree offense. The penalty for a second degree offense is between 5 to 10 years in prison and a fine up to $150,000. If the retail value of the items is between $500 and $75,000, the crime is a third degree offense. Crimes of the third degree are punishable by up to 3 to 5 years in prison and a fine up to $15,000. If the value of the items is between $200 and $500, the crime is a fourth degree offense. Crimes of the fourth degree are punishable by up to 18 months in prison and a fine up to $10,000. If the items are worth less than $200, the crime is a disorderly persons offense. A disorderly persons offense is punishable by up to 6 months in jail and a fine up to $1,000.
It can be difficult for the State to prove that a person had knowledge or a belief that an item was stolen. There may be evidence which indicates that one or more additional people handled or possessed the property. The issue of joint possession or control can weaken a prosecutor’s argument that there is a definite link between the person charged and the property. The prosecutor must prove beyond a reasonable doubt that the person had sufficient contact with the property. This contact must reveal that the person had knowledge or a belief about the property’s status.
