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Name the elements of tracking stolen goods

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larrygates eNotes educator | Certified Educator

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I assume you mean Receiving Stolen Goods, when one knows that the articles received are stolen. The classic definition is

Buying or acquiring the possession of property knowing that it had been obtained by theft, embezzlement, larceny, or extortion by someone else. Paying for the goods or intending to receive a reward for their return are not defenses.        

 

It should be noted that stealing property and receiving stolen property are mutually exclusive defenses; one may be guilty of one but not both. As a rule, Prosecutors will charge a defendant with both defenses; however the jury will be instructed that they can find the defendant guilty of only one of the offenses. There is little distinction between the punishment for each offense, unless there were aggravating circumstances surrounding the larceny, such as burglary, or the use of deadly force.

   

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mirandak | Student

The elements that the State must prove beyond a reasonable doubt to convict the defendant of this charge are:

  1. That the property was stolen.

  2. That the defendant trafficked in or initiated, organized, planned, financed,

    directed, managed or supervised trafficking in stolen property.

  3. That in doing those acts the defendant acted knowingly.

  4. That at the time he/she dealt in the property he/she knew it had been stolen.

 

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