In Massachusetts, the crime of receiving stolen property occurs when a person knowingly receives, possesses, conceals, or purchases property that they know, or have reason to know, has been stolen. To be convicted, the prosecution must prove that the defendant knew the property was stolen and intended to keep it or dispose of it unlawfully. This crime can be charged as a misdemeanor or felony, depending on the value of the stolen property. If the value exceeds $1,200, it’s a felony; if below, it’s a misdemeanor. Penalties include fines, jail time, or both, depending on the severity.
What Are the Elements of Receiving Stolen Property in Massachusetts?
Massachusetts General Laws Chapter 266, Section 60 governs the crime of receiving stolen property. To convict you, the prosecution must prove three elements beyond a reasonable doubt:
- That the property in question was stolen,
- That you knew it was stolen, and
- That you knowingly possessed, bought or concealed the property.
The prosecution doesn’t need to prove you were involved in the taking of property; it’s sufficient that you possessed it under suspicious circumstances.
What Are the Penalties for Receiving Stolen Property in Massachusetts
The penalties for this offense depend on the value of the stolen property:
- Property valued over $1,200: A felony charge punishable by up to five years in state prison or two and a half years in a house of correction.
- Property valued at $1,200 or less: A misdemeanor punishable by up to one year in a county jail and fines.
These penalties increase for a subsequent offense, where past larceny convictions may enhance the charges. The penalties can also vary depending on other factors, such as whether the property in question was a stolen motor vehicle or involved in credit card fraud.
Is Receiving Stolen Property a Felony in Massachusetts?
As mentioned, receiving stolen property becomes a felony offense if the value of the property exceeds $1,200. Felony charges carry harsher penalties, including longer jail time and larger fines. Felonies also have long-term consequences, such as a permanent criminal record that can affect employment and housing opportunities.
In contrast, receiving property valued at $1,200 or less is a misdemeanor charge. This is important because felony convictions can carry life-altering implications, while misdemeanor convictions are less severe, though still serious.
What Happens If Someone Steals Something and Gives It to You in Massachusetts?
If someone steals an item and gives it to you, even if you didn’t steal the property in the first place, you can still face criminal charges if you accepted the item knowing, or having reason to believe, it was stolen. For instance, buying goods from pawn shops at suspiciously low prices or receiving items under shady circumstances can lead to charges.
You may not be convicted if you can prove that you had no actual knowledge of the item’s status as stolen. Direct evidence of your knowledge, such as emails or a text message, might be used to demonstrate your awareness.
What Does “Receiving Stolen Property” Mean in Massachusetts?
Under Massachusetts law, receiving stolen property means obtaining goods that you knew, or reasonably should have known, were stolen. This can occur in several ways: buying an item at a suspiciously low price, accepting goods without knowing their origin, or attempting to conceal the item. The crime also includes concealment of property, meaning you took steps to hide or move the item to prevent its return to the rightful owner.
Even if you didn’t directly buy the stolen item, helping someone hide or transport stolen goods can also result in charges of receiving stolen property. The law covers a wide range of distinct acts of buying, concealing, or moving stolen goods.
How Do You Describe Stolen Property in Massachusetts?
In Massachusetts, stolen property is described as any item taken without the rightful owner’s permission. This could range from cars and electronics to more unusual items, like sensitive information or credit card data. The law also covers the concealment of money obtained under false pretense, meaning funds gained through fraud or deceit.
Describing stolen property also involves proving its property value, which is crucial for determining whether the crime is charged as a felony or a misdemeanor. The facts of the case and the value of the property at the time of the crime are key factors in the legal process.
What Does It Mean to “Receive Property” in Massachusetts?
In legal terms, to “receive property” means to gain possession or control of it, whether through purchase, gift, or any other means. The critical factor is whether you accepted the property under suspicious circumstances that would lead a reasonable person to believe it was stolen. Simply holding onto something on behalf of someone else could result in criminal prosecution if the property turns out to be stolen.
The time of receipt is important as well. For instance, if you received the property in the ordinary course of trade without reason to suspect it was stolen, you may have a valid defense.
What If I Didn’t Know the Property Was Stolen?
Lack of knowledge is a common defense in receiving stolen property cases. If you genuinely didn’t know the item was stolen, you might avoid a guilty verdict. However, Massachusetts courts may still hold you responsible if a reasonable person in your situation would have suspected the property was stolen. For instance, buying something on the street without asking any questions about its origin could weaken this defense.
The prosecution may use circumstantial evidence to argue that you should have known the goods were stolen. This makes it important to build a strong defense, especially if the situation was unclear at the time you received the goods.
Common Defenses for Receiving Stolen Property in Massachusetts
There are several defenses that can help if you’re facing charges for receiving stolen property. These include:
- Lack of Knowledge: Arguing that you had no idea the property was stolen and were not suspicious of its origin.
- Ownership Dispute: In cases where ownership is unclear, you might argue that you believed you were the rightful owner or had a legitimate claim to the item.
- Mistaken Identity: If there’s confusion about who possessed the property, this could serve as a valid defense, especially in cases involving shared spaces or multiple parties.
Understanding the potential consequences of a conviction is essential. Penalties range from jail time to significant fines, depending on the value of the property and whether it’s your first offense.
Conclusion
Facing charges of receiving stolen property in Massachusetts can have serious legal implications. The state takes property crimes seriously, and penalties can include state prison, heavy fines, and a criminal conviction that can follow you for life. However, with a solid understanding of the legal process and a strong defense, it’s possible to navigate the complexities of Massachusetts law.
If you’re involved in a property charge, it’s important to consider your options and understand the full range of potential consequences. Being well-informed about your rights and defenses can make all the difference in building a strong case.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.