Being accused of possessing stolen property in Pennsylvania can be a frightening experience that comes with serious legal consequences. Many people don’t realize that simply having an item that turns out to be stolen can lead to criminal charges, even if they bought or obtained it innocently. Under Pennsylvania law, the circumstances surrounding your possession can significantly influence your situation. It is crucial to understand this offense and how to protect your rights. If you have been accused or charged with possessing stolen property, continue reading and work with an experienced Montgomery County theft lawyer today.
Is it a Crime to Possess Stolen Property in PA?
Yes, it is a crime to possess stolen property in Pennsylvania. This offense is taken very seriously and can lead to felony or misdemeanor charges depending on the value and type of property involved. Knowingly having or transferring stolen goods contributes to the cycle of theft and other crimes, so the law is designed to discourage trafficking goods obtained through theft.
How Does PA Define This Offense?
Under Pennsylvania law, this crime is known as theft by receiving stolen property. 18 Pa.C.S. § 3925 states, “A person is guilty of theft if he intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with intent to restore it to the owner.”
The key element is that you don’t necessarily have to be the person who stole the item to be charged. The law focuses on two main points: possession and knowledge.
- Possession: You must have intentionally received, kept, or gotten rid of the property. This means having it in your possession, holding onto it, or selling or transferring it to someone else.
- Knowledge: The prosecution must prove that you either knew the item was stolen or had a strong belief that it was probably stolen. Simply having a stolen item in your possession isn’t enough. If you had no idea, and there was no reason for you to suspect the item was stolen, it may not constitute this offense.
If it can be proven that your situation meets both of these criteria, you can be convicted of possessing stolen property.
How is Possession Defined?
Possession refers to the power and intent to control an item. Pennsylvania law recognizes two primary types of possession: actual and constructive.
Actual possession means the property is physically on your person or within your immediate reach and control, like in your hand, pocket, or on a seat next to you.
Constructive possession occurs when you do not have direct physical control of the item but have the power and intent to control it. For example, if stolen goods are hidden in your locked storage unit or home, and you have the keys, you may be considered to have constructive possession. Either type can result in a conviction.
Reach out to a skilled defense attorney today for more information and legal advice.
