Legal Definitions - possession of stolen goods

The legal term "possession of stolen goods" refers to the criminal offense committed when an individual knowingly has control over property that was unlawfully taken from its rightful owner, and they intend to keep or use it dishonestly.

For someone to be found guilty of possession of stolen goods, several key elements typically must be proven:

• Possession: The person must have actual physical control over the property, or the ability to control it.
• Stolen Property: The property in question must have been unlawfully taken from its rightful owner.
• Knowledge or Belief: The person in possession must have known, or reasonably should have believed, that the property was stolen. This doesn't necessarily mean they were the thief, but they were aware of its illicit origin.
• Dishonest Intent: The person must have intended to keep, use, or dispose of the stolen property for their own benefit or to deprive the rightful owner of it, rather than attempting to return it.

The severity of this crime can vary significantly. Depending on the monetary value of the stolen items or the specific type of property involved, it can be classified as either a less serious misdemeanor or a more serious felony. The exact thresholds for these classifications differ from state to state.

Examples:

• Example 1: The Discounted Electronics

  A person is offered a brand-new, high-end laptop, still in its original sealed box, for an unusually low price of $200 by a stranger in a parking lot. The laptop typically retails for $1,500. The person buys the laptop without asking for a receipt or warranty information.

  Explanation: The buyer is in possession of the laptop. If the laptop was indeed stolen, the extremely low price and the suspicious nature of the transaction (selling a new, expensive item from a stranger in a parking lot) would provide a strong basis for a court to conclude that the buyer knew or reasonably believed it was stolen. By purchasing and keeping the laptop under these circumstances, the buyer demonstrates dishonest intent.

• Example 2: Storing a Friend's "Find"

  A college student's roommate comes home with a high-value, distinctive bicycle, boasting that they "found" it unlocked outside a fancy restaurant and are going to sell it online. The student, knowing the roommate has a history of petty theft, agrees to let the roommate store the bicycle in their shared apartment closet for a few days.

  Explanation: The student has possession of the bicycle by allowing it to be stored in their shared space. If the bicycle was indeed stolen, the roommate's suspicious story and the student's knowledge of the roommate's past would lead to a reasonable belief that the student knew or reasonably believed the bicycle was stolen. By agreeing to hide it, the student acts with dishonest intent to help conceal the stolen property.

• Example 3: Transporting Suspicious Merchandise

  An individual is hired by an acquaintance to drive a cargo van filled with several dozen brand-new, identical power tools to a different city. The acquaintance pays cash, insists on meeting late at night, and tells the individual not to ask too many questions about the origin of the tools. The individual suspects the tools might be stolen but agrees to transport them for the payment.

  Explanation: The individual is in possession of the tools by transporting them. If the tools were, in fact, stolen, the highly suspicious circumstances (new tools, large quantity, cash payment, late-night meeting, secrecy) would lead a reasonable person to believe the goods were stolen. Transporting them despite these strong suspicions, and for personal gain, demonstrates dishonest intent.