Alabama Criminal Law – Receiving Stolen Property

Posted by Steve Eversole | Aug 28, 2007 | 0 Comments

Here is the Alabama law on receiving stolen property.  It is interesting and kinda scary, because if you were sold something that turned out to be stolen, it could become a question of fact for a jury to decide, whether or not you, knew or should have known, the goods you purchased where stolen or not.  Receiving stolen property in the first degree is a Class B Felony, a serious offense.

§ 13A-8-16. Receiving stolen property — Definition.

(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 disposed of with intent to restore it to the owner.

(b) If a person:

(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or

(2) Possesses goods or property which have been recently stolen; or

(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.

(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

To establish the crime of receiving stolen property the state must prove four things:

  • Property must be stolen in fact
  • defendant either bought it, received it, concealed it, or aided in concealing it
  • defendant must knowingly buy, receive, conceal, or aid in concealing it was stolen
  • and defendant did not have intent to return the property to its true owner

§ 13A-8-17. Receiving stolen property in the first degree.

(a) Receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree.

(b) Receiving stolen property in the first degree is a Class B felony

About the Author

Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...

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