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Innocent Holder of Stolen Property

 
 
Debra Law
 
  1  
Reply Wed 2 May, 2007 05:54 pm
OGIONIK wrote:
if you have stolen property, and find out it is stolen, and return it, are you still under risk of criminal charges?

wow i cant believe im asking this, but law today is so retarded i feel compelled to.


Most theft of property statutes encompass the knowing receiving, retaining, or disposing of stolen property. Even if you didn't know the property was stolen when you received it, if at any time during your retention of that property you find out it is stolen but continue to retain it, you are criminally liable for theft of property. However, in your hypothetical, the property is returned [to the owner] as soon as the requisite knowledge is acquired. Accordingly, you are not criminally liable.
0 Replies
 
Stormy11
 
  1  
Reply Sun 18 Aug, 2013 12:09 pm
@OGIONIK,
Yes I would very much like to know, seeing as I'm currently under this circumstance. Is the receiver of stolen property still leiable even if the item or items have been willingly returned? And what can be done to ensure that the rights of the accused are upheld?
0 Replies
 
gungasnake
 
  1  
Reply Sun 18 Aug, 2013 12:36 pm
@gollum,
Person 3 has to return the item and consider himself lucky he's not going to jail.
0 Replies
 
 

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