You are here

Receiving Stolen Property Intent

9 October, 2015 - 11:31

The criminal intent element required for receiving stolen property has two parts. First, the defendant must have the intent to commit the criminal act, which could be specific intent or purposely, general intent or knowingly, recklessly, or negligently to either buy-receive or sell-dispose of stolen personal property, depending on the jurisdiction. This means that the defendant must have actual knowledge that the property is stolen, 1 or the defendant must be aware or should be aware of a risk that the property is stolen.  2 The Model Penal Code requires the defendant to purposely commit the act knowingthat the property is stolen or believing that the property has probablybeen stolen (Model Penal Code § 223.6(1)). The Model Penal Code also provides a presumption of knowledge or belief when the defendant is a dealer, which is defined as a “person in the business of buying or selling goods including a pawnbroker,” and has been found in possession or control of property stolen from two or more persons on more than one occasion, or has received stolen property in another transaction within the year preceding the transaction charged, or acquires the property for consideration far below its reasonable value (Model Penal Code § 223.6(2)). Many state statutes have a similar provision.  3 The second aspect of criminal intent for receiving stolen property is the defendant’s specific intent or purposeful desire to deprive the victim of the property permanently, which is required in some jurisdictions.4 This creates a failure of proof or affirmative defense that the defendant received and retained the stolen property with the intent to return it to the true owner.5 The Model Penal Code also provides a defense if “the property is received, retained, or disposed of with purpose to restore it to the owner” (Model Penal Code § 223.6(1)).