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I'm not sure that you are quite accurate. Yes, it is very definitely illegal to knowingly purchase stolen property, but purchasing property that you have no way of knowing was stolen is not a crime. In most cases the law will uphold the property being returned to the rightful owner, but I have heard of cases where the purchaser was allowed to keep the property.
would depend on the jurisdiction and the judge- all I know is here its much safer to do transactions that leave written records to protect myself... then I can point to jimmy the fence and say, see i bought this from Jimmy, he said he wanted to buy a new iphone and didn't want this one anymore...
I've never heard that Bob's item/animal gets stolen, the thief fences it off, and Sally buys the item/animal and gets to keep it even though it was stolen from Bob.
The issue is if anyone will believe you didn't know the item/animal was stolen (see examples below) some places they have a very wide view of what a person 'should know'
RECEIVING STOLEN PROPERTY
Stolen Goods Charge of Possession Arrest
Florida Law Penalties
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BUYING, ACQUIRING, POSSESSING or CONCEALING
stolen property in Florida is a CRIME.
The crime of receiving stolen property occurs when a person buys or possesses property that has been stolen through theft, fraud, deceit, embezzlement, or taken by any other unlawful means by someone else.
The receiver of stolen property could be arrested or convicted if he or she knew the goods were stolen at the moment of receipt and was intending to aid the thief. Here are some examples:
* A person buys a luxury watch from a street vendor at a surprisingly low price
* A person suddenly acquires an expensive TV, car and/or other high-priced items without having the financial means to do so
* A person gives his or her garage for storing unlawfully acquired items
* A person receives a copy of an unlawfully acquired private or unpublished document, transcript, deed, or other form of intellectual property
Florida Law
Based upon to Florida Penal Code Section 496, conviction can apply to Every person who buys or receives any property that has been stolen, knowing the property to be so stolen or receiveed
or if a person conceals, sells, withholds, or assists to conceal, sell, or withhold any property from the owner.
Based on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in Florida (also known as a wobbler.)
Penalties for Receiving Stolen Property
A typical misdemeanor conviction, for property valued at under $400, is punishable by paying a fine and/or spending up to one year in county prison depending on how the judge classifies this punishment "in the interests of justice." The penalty for a misdemeanor conviction can also be increased if the defendant has any past theft convictions.
A felony conviction for receiving stolen property or aiding a thief could result in being sent to state prison or county prison for up to 1 year. The prison term is based on the severity of the crime: the value of the stolen property and the defendants past criminal record.
How to Avoid Criminal Charges
If in fact youre charged with possessing stolen property, a prosecutor must prove beyond reasonable doubt you knew the property you received was stolen and/or you intended to aid the thief by buying or holding the stolen property. A defense that can be used on your behalf is that the possession was the result of an honest mijeapordy in the belief that the property was not stolen. There exists defenses to this crime that an experienced attorney can discuss with you.
Based on the value of the property and other conditions, it is possible to avoid conviction, fines and/or prison completely. Your attorney can be the greatest single factor in determining the outcome of your conviction.
So you're right but then again, you can be arrested anyway for having the property- then you have to get a lawyer or whatever because they -won't- believe you w/o a paper trail.
Oh I definitely agree that HOW one acquired property that ended up later being identified as stolen would make a HUGE difference. Purchasing a chicken at a poultry show, where many of the exhibitors and sellers know each other is probably significantly different than purchasing a brd from someone you've never heard of through Craig's List (or similar large and anonymous ads) and meeting them at the local service station to exchange money and goods. The examples listed in the statute also.
The couple of things I recall where the possessor was able to keep them, even though they had been stolen were a car (I really do not recall all the details) and an animal (I think a dog). In both cases they did have to provide some amount of restitution, though.
Oh, there was another car case sometime this last year that made international news. A very rare antique Ferarri (or some similar very exotic and expensive make) was stolen something like 20 or 30 years ago; it was not in good condition--it was a man's plan to rebuild it--I think he had had it for many years. Somehow that stolen car ended up in Europe (?) purchased and restored by a collector. Somehow the daughter found out about it (her father had died years earlier) and htere was a big international fight over who owned it. Don't recall the outcome though. She had a legitimate claim to it, but the possessor had a record of its purchase, and had put tons of $$$$$$ into restoring it.
