Immigration regulations define receiving stolen property as a crime of “moral turpitude.”. Defenses. The earliest statute that made receiving stolen property a crime was enacted in England in 1692. The Receiving of Stolen Property – INDIAN PENAL CODE (IPC) 410. Or does one have to KNOWINGLY receive the stolen property? Swap meet vendors, antique, junk, and metal dealers or collectors, pawnbrokers, consignment shop owners, and others who similarly deal in used merchandise can be convicted of receiving stolen property if they had any reason to suspect the property was stolen and they did not seek to determine if the person offering the property for sale or trade was its legal owner. The hard stance of the law on receiving stolen property is understandable. A person commits theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. On top of the criminal penalties, if you are convicted of receiving stolen property in California, you potentially could face a civil lawsuit from anyone injured by your crime – usually the owner of the stolen property. 4 Terms to Know If Your Child Has Been Arrested . If you are not a citizen of the United States, you must understand that even a misdemeanor conviction in California for receiving stolen property can have drastic immigration consequences. Charged with Receiving Stolen Goods? Thread Tools. Criminal charges require both the physical act and the requisite mental state. A charge of receiving stolen property may also be resolved under certain circumstances through the new Proposition 47 provisions. (a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or … Knowingly buying, receiving and concealing stolen property is covered … Receiving stolen property means that someone intentionally received, retained, gave away or sold movable property, knowing it was stolen. Our lawyers understand the criminal court process in this county inside and out, and are well prepared to take on your case to obtain the best outcome possible. Receiving stolen property is a wobbler offense. Alan was able to navigate the legal process and negotiate with the DA where I got the best possible outcome I could have ever hoped for. Section 24 of the Theft Act defines stolen goods as being any items that have been stolen. Penal Code 496a explains California’s law regarding receiving stolen property. To add to the other answers, ownership or possession of goods obtained by theft is inferior to the ownership of the person from whom goods were stolen, even if the goods were received in good faith without knowledge of the defects. However, you probably have to … In order for a defendant to be convicted, the property that the defendant receives must be stolen. Jump to page: Results 1 to 10 of 11 Receiving Stolen Property Unknowingly. Laguna Hills, CA 92653, E-mail: [email protected] If a service member buys, receives or conceals stolen property, when he knew that the property was stolen from another person, then it is an offense and he can be punished as per the provisions under paragraph 106 of the Manual for Court Martial. And what are the consequences? If I unknowingly received and sold stolen property, what will happen to me? Stolen Property: Receiving Stolen Property Unknowingly; If this is your first visit please consider registering so that you can post. He gave me what he thought was my gun. In other cases, the right strategy may be to disprove possession. Page 1 of 2 1 2 Last. Question Details: I had a friend with a gun cabinet holding onto my shot gun after hunting season last year. H. Michael Steinberg is a Criminal Defense Attorney who represent individuals charged with all classes of misdemeanor theft and felony theft crimes in Denver, and throughout Colorado. It could happen to almost anyone. I had only used this one time since I bought it, so it had the right color barrel and stock and it looked like mine. Generally it consists of four elements: (1) the property must be received; (2) it must have been previously stolen; (3) the person receiving the property must know it was stolen; and (4) the receiver must intend to deprive the owner of his or her property. Absolutely the best experience considering the circumstances ! If you end up unknowingly possessing stolen goods, the worst that happens is that the items are taken from you and given to the rightful owner. He was able to work it out so I could keep my job leaving the country and was sentenced a fifth of the original time. If the property is worth … The buyer..... his recourse lies with the person who sold him the property …