Legal Definitions - receiving

In a legal context, particularly within criminal law, "receiving" refers to the act of taking possession or control over property. This act is a fundamental element of the crime known as receiving stolen property. For this crime to be committed, the individual receiving the property must typically know or have strong reason to believe that the property was stolen, and intend to permanently deprive the rightful owner of it. The act of "receiving" does not always require direct physical handling; it can also involve exercising dominion or control over the item.

• Example 1: Acquiring a Suspiciously Cheap Item

  Imagine a scenario where Mark is offered a brand-new, still-in-the-box gaming console by a stranger in a dimly lit alley for an unusually low price, far below its market value. Mark suspects the console might be stolen but decides to purchase it anyway, taking it home and connecting it to his television. Mark's action of buying the console, taking it into his physical possession, and exercising control over it by using it constitutes "receiving" the property. If it is later proven that the console was indeed stolen, and Mark knew or should have reasonably known this, his act of receiving would be a key component of the crime of receiving stolen property.

• Example 2: Storing Stolen Goods for Another

  Consider a situation where Sarah, who owns a storage unit, agrees to let her acquaintance, Tom, keep several large boxes of electronics in her unit. Sarah knows that Tom recently broke into a warehouse and stole these items. While Sarah never personally uses or sells the electronics, she holds the key to the unit and allows Tom to access them as needed. Sarah's act of taking custody of the stolen goods by storing them in her unit and controlling access to them demonstrates "receiving" the stolen property. She has taken control over the items, knowing they were stolen, even without directly possessing them for her own use.

• Example 3: Accepting a Stolen Gift

  Suppose Emily receives an expensive designer handbag as a birthday gift from her friend, Jessica. Emily knows that Jessica has a history of shoplifting and had recently expressed a strong desire for that specific bag, which she could not afford. Despite her strong suspicion that Jessica stole the handbag, Emily accepts the gift and begins to use it. Emily's acceptance of the handbag as a gift, knowing or having compelling reason to believe it was stolen, constitutes "receiving" the stolen property. By taking possession and control of the bag, she has completed the act of receiving.