Section 411 of the Penal Law provides: a person who receives property, knowing that it was stolen, extorted, or obtained through a felony or misdemeanor, is liable to up to 7 years' imprisonment if the source is a felony, and up to 3 years if it is a misdemeanor.
What is the offense?
Section 411 of the Penal Law provides: a person who receives property, knowing that it was stolen, extorted, or obtained through a felony or misdemeanor, is liable to up to 7 years' imprisonment if the source is a felony, and up to 3 years if it is a misdemeanor. Alongside it, Section 412 provides a lesser offense of possession of property suspected of being stolen without a reasonable explanation: up to 6 months' imprisonment. Note the gap: the penalty for knowingly receiving stolen property (7 years) is higher than the penalty for the theft itself (3 years). The legislature sees dealers in stolen property as the economic engine of property offenses.
The mental element: knowledge
The heart of the case is proving that the recipient knew the property was stolen. The case law also recognizes "willful blindness": one who suspected and deliberately refrained from clarifying is treated as though he knew. The recognized suspicious circumstances are: an extremely low price, a cash transaction without documents, a random seller, goods without packaging or with identifying marks removed. On the other hand, a good-faith purchase at a reasonable price and under ordinary circumstances is not an offense, and this is the central defense claim.
The danger to law-abiding people and businesses
This offense also ensnares innocent people: someone who bought a second-hand phone or bicycle from a classifieds board, owners of second-hand stores, garages, and parts dealers. When the property turns out to be stolen, the buyer becomes a suspect, and the only question is what he knew and what he should have suspected. The version given in the investigation, before the suspect even understands his legal situation, is what determines the outcome. Do not give it without advice.
Legal representation
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in property offenses, and works to prove good faith and to close cases at an early stage. Contact us for an initial consultation without obligation.
What is the offense?
Section 411 of the Penal Law provides: a person who receives property, knowing that it was stolen, extorted, or obtained through a felony or misdemeanor, is liable to up to 7 years' imprisonment if the source is a felony, and up to 3 years if it is a misdemeanor. Alongside it, Section 412 provides a lesser offense of possession of property suspected of being stolen without a reasonable explanation: up to 6 months' imprisonment. Note the gap: the penalty for knowingly receiving stolen property (7 years) is higher than the penalty for the theft itself (3 years). The legislature sees dealers in stolen property as the economic engine of property offenses.
The mental element: knowledge — what is important to know?
The heart of the case is proving that the recipient knew the property was stolen. The case law also recognizes "willful blindness": one who suspected and deliberately refrained from clarifying is treated as though he knew. The recognized suspicious circumstances are: an extremely low price, a cash transaction without documents, a random seller, goods without packaging or with identifying marks removed. On the other hand, a good-faith purchase at a reasonable price and under ordinary circumstances is not an offense, and this is the central defense claim.
The danger to law-abiding people and businesses — what is important to know?
This offense also ensnares innocent people: someone who bought a second-hand phone or bicycle from a classifieds board, owners of second-hand stores, garages, and parts dealers. When the property turns out to be stolen, the buyer becomes a suspect, and the only question is what he knew and what he should have suspected. The version given in the investigation, before the suspect even understands his legal situation, is what determines the outcome. Do not give it without advice.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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