Receipt of Stolen Property
Laptop Battery
Receiving stolen goods is generally buying or acquiring the
possession of property knowing that it had been obtained through
theft, embezzlement, larceny, or extortion by
someone else. The crime is
separate from the crime of stealing the property. To be
convicted, the receiver must know the goods were stolen at the
time he receives them and had
the intent to aid the thief. Paying for the goods or intending
to collect the reward for
returning them are not
defenses.
According to the indictment, Jones would steal various IBM and Penguin computer servers from Verisign's warehouse in Virginia and sell them to Johnson. Johnson would then sell the servers to several individuals, who would sometimes place them for sale on eBay. As a result of this scheme, the indictment alleges that Jones and Johnson caused Verisign to lose more than $120, 000 worth of computer equipment. In the indictment, Jones and Johnson are charged in three counts with causing the interstate transportation of stolen property, namely IBM 330 and 335 servers, in violation of 18 U.S.C.
Thinkpad Receiving stolen property is a crime, which may be charged as a
felony or as a misdemeanor, depending on the value of the property
and the discretion of the district attorney or grand jury. Felonies
are those crimes which are punished by being sent to state prison.
Misdemeanors are crimes punishable by up to one year in county
jail. Sometimes a crime may be punishable as either a felony or a
misdemeanor, in which case it is called a "wobbler."
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Microsoft California Penal Code Section 496 states, in pertinent
part:
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Laptop Computers "Every person who buys or receives any property that has been
stolen or that has been obtained in any manner constituting theft
or extortion, knowing the property to be so stolen or obtained, or
who conceals, sells, withholds, or aids in concealing, selling, or
withholding any property from the owner, knowing the property to be
so stolen or obtained, shall be punished by imprisonment in a state
prison, or in a county jail for not more than one year."
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Laptop Computer Law enforcement will infer "knowledge" that the goods were
stolen by the circumstances surrounding the sale and purchase. For
example, if it is an expensive item and the seller is offering it
on the street corner or at your door step for significantly less
than it is worth, then the inference is that it is stolen. The
phrase, "too good to be true" springs to mind.
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Desktop Computer If the property was less than $400, the district attorney or
grand jury may specify that the crime is a misdemeanor, punishable
by up to one year in county jail. The criteria for this
classification are whether it would be "in the interests of
justice."
Notebooks Such property includes tangible items like radios, books,
watches, etc. But it also includes utility services or cable
television services.
Lenovo Darren Kavinoky is a Los Angeles-based criminal defense lawyer
who practices throughout California. He is the Managing Shareholder
of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that
handles criminal defense matters exclusively. Darren has provided
legal commentary on Larry King Live, the Today Show, Celebrity
Justice and many other TV and radio programs. He is a
nationally-renowned lecturer and author who delights in sharing his
experience with others. More information about Darren and The
Kavinoky Law Firm can be found at http://www.nocuffs.com or
www.NoCuffs.com.
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