Section 2C:20-7 – Receiving Stolen Property
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Receiving Stolen Property in NJ
Receiving stolen property is a tricky charge. If you are charged with this, you are not actually being charged with taking something. You are charged with receiving something that either you knew was stolen or should have known was stolen. Those are fairly easy cases to defend because it is often hard for the Prosecutor to prove you knew something was stolen or that you were “fencing” stolen property. Please allow me to use my years as a Prosecutor and Defense Attorney to defend you in this area as I have done with many people in the past.
What is Receiving Stolen Property in New Jersey?
a. Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. “Receiving” means acquiring possession, control or title, or lending on the security of the property.
b.Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:
(1)Is found in possession or control of two or more items of property stolen on two or more separate occasions; or
(2)Has received stolen property in another transaction within the year preceding the transaction charged; or
(3)Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it; or
(4)Is found in possession of two or more defaced access devices; or
(5)Is found in possession of property of a cargo carrier without proper documentation or other evidence of right to possession.
amended 1979, c.178, s.35; 1981, c.290, s.19; 1997, c.6, s.3; 2013, c.58, s.3.
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