The criminal act element required for receiving stolen property in many jurisdictions is receiving, retaining, disposing of, 1 selling, 2 trafficking in, 3 buying, or aiding in concealment 4 of stolen personal property. The Model Penal Code defines the criminal act element as receiving, retaining, or disposing of stolen movable property (Model Penal Code § 223.6(1)). The criminal act does not generally require the defendant to be in actual physical possession of the property, as long as the defendant retains control over the item(s). 5 This would be a constructive possession. The Model Penal Code defines receiving as “acquiring possession, control or title, or lending on the security of the property” (Model Penal Code § 223.6(1)). Note that the criminal act element of receiving stolen property includes both buying and selling. Thus dealers that regularly purchase and then sell stolen items can b e prosecuted for both of these acts under the same statute.
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