receiving stolen property

receiving stolen goods or property

Criminal offense of receiving any property with the knowledge that it has been feloniously, or unlawfully stolen, taken, extorted, obtained, embezzled, or disposed of. Receiving stolen property-a statutory crime separate from the crime involved in the stealing of the propertyis defined in the typical statute as the receiving of stolen property knowing that it is stolen. Although most statutes do not specifically mention it, the receiver must, in addition to knowing the property is stolen, intend to deprive the owner of his property. Four elements are necessary to constitute crime of "receiving stolen goods";

(1) the property must be received;

(2) it must, at time of its receipt, be stolen property;

(3) the receiver must have guilty knowledge that it is stolen property; and

(4) his intent in receiving it must be fraudulent. Fletcher v. State, 231 Md. 190, 189 A.2d 641, 643.

A person is guilty of theft if he purposely receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with purpose to restore it to the owner.

"Receiving" means acquiring possession, control or title, or lending on the security of the property. Model Penal Code, No. 223.6.

For various federal offenses, see 18 U.S.C.A. No. 2313 (receipt of stolen vehicles), No. 2315 (receipt of stolen goods, money, etc.).

To "receive" stolen property, means acquisition of control in sense of physical dominion or apparent legal power to dispose of property and envisages possession or control as an essential element. U.S. v. Walker, D.C. Tenn., 384 F.Supp. 262, 263