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Sale Or Receipt Of Stolen Property

The 'Lectric Law LibraryThe 'Lectric Law Library
18 USC 2315, makes it a Federal crime or offense for anyone to knowingly receive or conceal or dispose of stolen property which has a value of $5,000 or more and which is a part of interstate commerce.

A person can be found guilty of that offense only if all of the following facts are proved:

First: That the person received or concealed or stored or disposed of items of stolen property; Second: That such items were moving as, or constituted a part of, interstate commerce; Third: That such items had a value in excess of $5,000; and Fourth: That the person acted knowingly and willfully.

The Government must prove beyond a reasonable doubt that the person either received, concealed, stored, sold or disposed of the stolen property.

Also, in order to commit the offense a person must know that the property had been stolen, but he need not know that it was moving as, or constituted a part of, interstate commerce. The term "interstate commerce" merely refers to the movement of property from one state into another state; and it is sufficient if the property has recently moved interstate as a result of a transaction or a series of related transactions which have not been fully completed or consummated at the time of the person's acts as alleged.
Courtesy of the 'Lectric Law Library.

 

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