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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - Receiving stolen property
Definition of Receiving stolen property
Receiving stolen property is a crime committed when an individual knowingly takes possession of items that have been unlawfully acquired by someone else, with the intention of keeping those items from their rightful owner permanently.
This means that for someone to be guilty of this offense, three key elements must be present:
- They must receive or take control of property.
- They must know or have strong reason to believe that the property was stolen.
- They must intend to permanently deprive the original owner of that property.
Here are some examples to illustrate this concept:
Example 1: The Discounted Electronics
Imagine Sarah is offered a brand-new, high-end tablet for an unusually low price by a stranger in a coffee shop. The stranger claims they "found it" and just wants to get rid of it quickly. Given the suspicious circumstances and the price being far below market value, Sarah strongly suspects the tablet is stolen but buys it anyway, intending to keep it for herself.
How it illustrates the term: Sarah received the tablet, she had strong reason to know it was stolen due to the price and seller's story, and by purchasing and keeping it, she intended to permanently deprive the original owner.
Example 2: The Pawn Shop Transaction
A local pawn shop owner, Mr. Henderson, is approached by a customer trying to sell a distinctive, antique watch. Mr. Henderson recently saw a news report about a similar watch being stolen from a nearby estate, and the customer seems nervous and cannot provide any proof of ownership. Despite his suspicions, Mr. Henderson buys the watch, planning to resell it later.
How it illustrates the term: Mr. Henderson received the watch, he had specific knowledge (from the news report) and strong reason to believe it was stolen, and by buying and intending to resell it, he aimed to permanently deprive the rightful owner.
Example 3: The "Hot" Auto Parts
Mark, a mechanic, frequently buys car parts from a supplier who offers them at prices significantly lower than official dealerships. Mark has heard rumors that this supplier often deals in parts stripped from stolen vehicles. One day, he buys a set of tires from this supplier, knowing that they are likely from a car that was reported stolen last week, and installs them on a customer's vehicle.
How it illustrates the term: Mark received the tires, he had strong reason to know they were stolen (due to rumors and the specific knowledge of the recent theft), and by using them, he intended to permanently deprive the original owner of those parts.
Simple Definition
Receiving stolen property is a crime committed when an individual takes possession of property, knowing it has been stolen. The person must also intend to permanently deprive the original owner of that property.