Receiving stolen property

2C:20-7.  Receiving stolen property

 

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.

L.1978, c.95; amended 1979, c.178, s.35; 1981, c.290, s.19; 1997, c.6, s.3.

 

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