Possession of Stolen Property
Imagine a friend you haven’t seen in a while gives you a high-end luxury watch or Apple MacBook. Surely, that would make a nice gift? What if you knew the friend had no means of income but did have a lengthy criminal record for theft? This scenario underlines the reality of the crime of possession of stolen property.
Elements of Possession of Stolen Property Crime
Even if a person does not actually steal property, merely having control of it or putting it amongst your belonging could result in a criminal charge! Criminal possession of stolen property is consists of the following elements:
- Knowingly possessing stolen property; and
- Having an intent impede recovery by, or benefit a person who is not, the owner.
Therefore, the wording of the statute makes it clear that mere possession is not sufficient, but rather, the intent of the person with the property will be the factor that determines if they are guilty of possession of stolen property.
Degrees and Penalties
The severity of the charge depends primarily on the value of the stolen property, with five degrees ranging from a misdemeanor to a serious felony:
| Degree | Value Threshold | Statute | Classification | Maximum Penalty |
| Fifth | Any value (<$1,000) | NY Penal Code 165.40 | Class A Misdemeanor | 1 year jail |
| Fourth | $1,000 or more, or certain items (e.g., credit cards, vehicles) | NY Penal Code 165.45 | Class E Felony | 4 years prison |
| Third | $3,000 or more | NY Penal Code 165.50 | Class D Felony | 7 years prison |
| Second | $50,000 or more | NY Penal Code 165.52 | Class C Felony | 15 years prison |
| First | $1,000,000 or more | NY Penal Code 165.54 | Class B Felony | 25 years prison |
- All degrees of possession of stolen property in New York require knowledge that the property is not with the rightful owner. You need to know you are holding on to stolen goods.
Defense
It is a defense to say you were not aware of the goods were stolen or you had possession of the goods for the purpose of returning them to the rightful owner.
FEDERAL CRIMES
In addition to the state crimes of possession of stolen property, in various degrees, there is a federal statute, as well. As with the majority of federal crimes, the transportation of stolen goods across the state with be prosecuted by the federal authorities.
Key Elements of Federal Charges
Under 18 U.S.C. § 2315, possession of stolen property becomes a federal crime when certain conditions are met:
- Interstate Commerce: The goods/money that have been stolen need to have a value in excess $5,000 and has been moved across states or US jurisdiction.
- Knowledge Requirement: The defendant must have the intent to possess stolen goods. It is not enough to have stolen goods without requisite knowledge.
- Specific Acts: Acts such as receiving, concealing, storing, selling, or disposing of stolen items are criminalized.
Penalties
Crimes under this section can attract a fine or imprisonment of up to 10 years.
While exact penalties depend on case specifics, federal convictions for stolen property valued ≥$5,000 often involve felonies with potential prison sentences and fines.
Jurisdictional Nuances
There are other charges relating to property:
- 18 U.S.C. § 641 applies specifically to stolen U.S. government property, requiring intent to convert it for personal gain.
- Value Threshold: $5,000 standard (§2315), but $500 suffices for loans secured by stolen property.
- Presumption of Intent: Mere possession with knowledge of theft status creates a presumption of criminal intent (state-level doctrines may influence federal interpretations).
Prosecution Requirements
The government must prove:
- Possession/Control of the property
- Stolen Status at the time of possession
- Interstate Nexus (geographic movement)
- Defendant’s Knowledge of theft.
For government property cases, ownership by the U.S. is a jurisdictional element, not part of the intent requirement.