Receiving Stolen Property in New Jersey

N.J.S.A. 2C:20-7 · Theft, Burglary & Property Offenses

What the law says

A person commits theft by knowingly receiving or bringing into New Jersey another person’s movable property, other than a motor vehicle, while knowing or believing that it is probably stolen. Receiving includes acquiring possession, control, or title to the property, or lending money on its security.

Where this case is heard depends on how it's charged. We'll review your complaint and explain exactly which court you're in and what you face.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:20-7, that means:

• The property is movable property of another.
• The property is other than a motor vehicle.
• The person receives the property or brings it into this State.
• The person knows the property has been stolen or believes that it is probably stolen.
• Receiving means acquiring possession, control, or title to the property, or lending on the security of the property.

How the charge is graded

Theft offenses are graded by the value involved and other factors under N.J.S.A. 2C:20-2. See theft grading in New Jersey.

Other rules that can matter

• It is an affirmative defense that the property was received with purpose to restore it to the owner.
• The requisite knowledge or belief may be inferred if the person is found in possession or control of two or more items of property stolen on two or more separate occasions.
• The requisite knowledge or belief may be inferred if the person received stolen property in another transaction within the year preceding the transaction charged.
• The requisite knowledge or belief may be inferred if the person is in the business of buying or selling property of the sort received and acquires it without having ascertained by reasonable inquiry that the person from whom it was obtained had a legal right to possess and dispose of it.
• The requisite knowledge or belief may be inferred if the person is found in possession of two or more defaced access devices.
• The requisite knowledge or belief may be inferred if the person is found in possession of property of a cargo carrier without proper documentation or other evidence of right to possession.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to deprive the owner, or a good-faith claim of right
• Disputing the value used to grade the offense
• Identification problems and gaps in surveillance video
• Restitution and diversion as paths to avoid a conviction

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Receiving Stolen Property charge.

Related charges

• Burglary →
• Criminal Trespass →
• Arson →
• Criminal Mischief →
• Theft Grading in New Jersey →
• Theft by Unlawful Taking →
• Theft of Services →
• Shoplifting →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.