Table of Contents
What is one reason society makes receiving stolen property a crime?
The rationale behind this criminal act is to deter people from rewarding and assisting thieves by purchasing or hiding stolen property, as well as to prevent occurrences of theft or larceny overall.
What are the elements of receiving stolen property?
Receiving stolen property is defined by statute in most states. 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.
What does receiving stolen property imply?
The crime of receiving stolen property is defined as knowingly receiving stolen property with the intent to permanently deprive the owner of the property of its possession. In order for a defendant to be convicted, the property that the defendant receives must be stolen.
What are the elements of embezzlement?
Elements common to embezzlement are as follows: (1) the property must belong to a person other than the accused, such as an employer or principal; (2) the property must be converted subsequent to the defendant’s original and lawful possession of it; (3) the defendant must be in a position of trust, so that the property …
Can receiving stolen property be expunged?
Expungement For Receiving Stolen Property If your conviction was a misdemeanor, you qualify for an expungement of your record under Penal Code 1203.4. An expungement does not totally erase your record though it does deny to the general public access to your record if a criminal background check is performed.
How do you beat a receiving stolen property charge?
To win a conviction, the state must prove that: – The defendant purchased, sold or assisted in selling, received, concealed, withheld from the property owner, or assisted in concealing or withholding property that was stolen or extorted. – The defendant knew at that time that the property was stolen or extorted.