New Jersey Law on Receiving Stolen Property – An Overview for the Average Person

Receiving stolen property is a criminal offense in New Jersey that can result in serious penalties, including jail time. But what exactly constitutes “receiving stolen property” under New Jersey law? This article provides an overview of Section 2C:20-7, the law regarding receiving stolen property, in easy-to-understand terms for the average person.

What is Receiving Stolen Property?

In New Jersey, a person commits the crime of receiving stolen property if they “knowingly receive[s] or bring[s] into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen.”[1]

In other words, you can be charged with receiving stolen property if:

• You receive or acquire possession of property that was stolen
• You knew the property was stolen or believed it was probably stolen when you received it

The property has to be “movable” property, meaning something like a car, jewelry, electronics, etc. Real estate and buildings don’t count.

Some key points about the knowledge requirement:

• You don’t actually have to know for sure the property was stolen. Just believing it was probably stolen is enough.
• The law cares about your knowledge when you receive the property. If you didn’t know it was stolen at that point, you can’t be convicted later on if you find out.
• There is an “affirmative defense” if you received the property with the purpose of returning it to the rightful owner. [2]

Penalties and Punishment

Receiving stolen property charges are categorized into different degrees based on the value of the stolen property: [3]

• 2nd degree – Stolen property worth $75,000 or more. Punishable by 5-10 years in prison.
• 3rd degree – Stolen property worth between $500 – $75,000. Punishable by 3-5 years in prison.
• 4th degree – Stolen property worth between $200 – $500. Punishable by up to 18 months in prison.
• Disorderly persons offense – Stolen property worth less than $200. Punishable by up to 6 months in jail.

In addition to jail time, convictions can also result in significant fines up to $150,000.

Defenses to Receiving Stolen Property Charges

Some potential defenses to fight these charges include:

• Lack of knowledge – As mentioned above, the prosecution must prove you knew or believed the property was stolen. If you legitimately did not know, that is a defense.
• Purchase from a merchant – If you bought the property from a merchant or dealer, you may not have known or had reason to know it was stolen.
• Intent to return the property – It is an affirmative defense if you took possession of the property solely to return it to the rightful owner. [4]
• Possession for a short time – Momentary or fleeting possession of stolen goods may not be enough to sustain a conviction.