Receiving Stolen Property
Being charged with receiving stolen property in Massachusetts does not necessarily mean that prosecutors believe you were the person who originally stole the property. A person may face this charge if the Commonwealth claims that they knowingly bought, received, possessed, controlled, or helped conceal property that had been stolen or embezzled.
One of the most important questions in these cases is often what the accused person actually knew. Simply possessing an item that later turns out to have been stolen does not automatically establish the crime. The Commonwealth must prove the required elements beyond a reasonable doubt.
What Is Receiving Stolen Property in Massachusetts?
Receiving stolen property is primarily governed by Massachusetts General Laws Chapter 266, Section 60.
Under the statute, a person may be charged with buying, receiving, or aiding in the concealment of stolen or embezzled property while knowing that the property was stolen or embezzled.
The statute also addresses certain additional circumstances, including property obtained through specified false pretenses and property represented by law enforcement as stolen during certain investigations.
What Does the Commonwealth Have to Prove?
For a typical charge of knowingly receiving stolen property, the Massachusetts model jury instructions state that the Commonwealth generally must prove three things beyond a reasonable doubt:
- The property in question was stolen;
- The defendant knew that the property had been stolen; and
- The defendant knowingly possessed, bought, received, or aided in concealing the stolen property.
The Commonwealth does not necessarily have to prove who originally stole the property. However, it must prove the elements required for the receiving-stolen-property charge itself.
You can review the official Massachusetts Receiving Stolen Property Model Jury Instruction.
Does the Defendant Have to Physically Possess the Property?
Not necessarily. Massachusetts law does not require the stolen property to be found directly in a person’s hands or pockets.
For purposes of receiving stolen property, a person may be alleged to have received property by knowingly taking custody or control of it. The prosecution may therefore rely on evidence that it believes shows the defendant knowingly exercised control over the property, even if someone else physically possessed it.
This can become important when property is found in a shared vehicle, home, storage area, business, or another location accessible to more than one person.
How Does the Commonwealth Prove You Knew the Property Was Stolen?
Knowledge is often one of the most disputed issues in a receiving stolen property case.
A person might buy or receive a used phone, laptop, jewelry, tools, equipment, vehicle parts, or another item without knowing that it had been stolen. The fact that the property was stolen does not by itself establish that everyone who later possessed it knew that fact.
Depending on the case, prosecutors may point to circumstances such as:
- The price paid for the item;
- Statements made when the property changed hands;
- Text messages, emails, or social-media communications;
- The condition of serial numbers or identifying marks;
- How or where the property was stored;
- Attempts to sell, hide, or dispose of the property;
- The relationship between the people involved; or
- Statements allegedly made to police.
Those circumstances must be considered in context. Suspicion is not the same as proof beyond a reasonable doubt.
Is Receiving Stolen Property a Felony in Massachusetts?
It depends on the value of the property and whether the charge is a first or subsequent offense.
For a first offense involving property valued at $1,200 or less, Massachusetts law provides for:
- Imprisonment in a house of correction for up to 2½ years; or
- A fine of up to $3,000.
This offense does not include state-prison exposure under that penalty provision and is generally classified as a misdemeanor.
If the property exceeds $1,200 in value, or if the charge involves a qualifying second or subsequent offense involving property valued at $1,200 or less, Section 60 provides for:
- Imprisonment in a house of correction for up to 2½ years;
- Imprisonment in state prison for up to five years;
- A fine of up to $5,000; or
- In circumstances allowed by the statute, both a fine and imprisonment.
Because Massachusetts defines a felony as an offense punishable by imprisonment in state prison, the exact value and prior-offense status can affect whether a receiving stolen property charge is treated as a misdemeanor or felony.
For more general information about those classifications, see our FAQ explaining the difference between a misdemeanor and a felony in Massachusetts.
Why Does the $1,200 Value Threshold Matter?
The value of the property can significantly affect the potential penalties. Massachusetts increased the receiving-stolen-property threshold from $250 to $1,200 in 2018.
That means older Massachusetts information that still uses $250 as the primary value threshold for Section 60 is outdated.
Value itself can also be disputed. Used electronics, tools, jewelry, equipment, vehicles, or other secondhand property may not be worth the amount originally paid for them. Receipts, condition, age, resale value, appraisals, and other evidence may become relevant when determining value.
How Is Receiving Stolen Property Different From Larceny?
Larceny and receiving stolen property are different offenses.
A larceny charge generally involves an allegation that the accused person unlawfully took, obtained, or converted property belonging to someone else. Receiving stolen property can involve someone who did not commit the original theft but allegedly later bought, received, controlled, or helped conceal the stolen property while knowing it was stolen.
For more information about the underlying theft offense, see our Larceny Charges in Massachusetts: Penalties and Defenses page.
If the allegation is that you actually took the property and you are wondering whether the charge can be dismissed or resolved before trial, see Can Larceny Charges Be Dropped in Massachusetts?
Can Someone Be Convicted of Both Stealing and Receiving the Same Property?
Massachusetts distinguishes between stealing property and receiving that same stolen property. Although charges may sometimes arise from the same investigation, whether multiple charges can result in separate convictions depends on the offenses and facts involved.
The exact complaint should be reviewed carefully to determine whether prosecutors are alleging that the defendant committed the original theft, later received or concealed the property, or both.
Does Returning the Property Make the Charge Go Away?
No. Returning stolen property or paying restitution does not automatically require a receiving stolen property charge to be dismissed.
What happens to the property afterward may still matter to the court or negotiations. Massachusetts law also contains a specific restitution provision relating to certain first convictions under Section 60, but restitution should not be confused with an automatic dismissal of the charge.
If the allegation involves larceny rather than receiving stolen property, you may also want to review our FAQ: Does returning property make a larceny charge go away in Massachusetts?
What Evidence Can Matter in a Receiving Stolen Property Case?
Receiving stolen property cases can depend heavily on the circumstances surrounding how the property was obtained and what the defendant knew at the time.
Evidence may include:
- Purchase receipts or payment records;
- Online marketplace listings;
- Text messages, emails, or social-media messages;
- Witness statements;
- Surveillance video;
- Serial numbers and ownership records;
- Police reports;
- Evidence showing where the property was found;
- Statements allegedly made by the defendant; and
- Evidence concerning the property’s value.
For example, a person who purchased an item through an online marketplace may have messages, payment records, or listing information that helps explain why they believed the transaction was legitimate.
What Defenses May Apply to Receiving Stolen Property?
No single defense applies to every case. The appropriate defense depends on what prosecutors claim happened and what evidence supports that allegation.
Potential issues may include:
- Lack of knowledge: The defendant did not know the property was stolen.
- Lack of possession or control: The evidence does not establish that the defendant knowingly possessed or controlled the property.
- Innocent purchase or receipt: There may be a legitimate explanation for how the property was obtained.
- Mistaken identity: Police or witnesses may have identified the wrong person.
- Insufficient evidence: The Commonwealth may be unable to prove one or more required elements beyond a reasonable doubt.
- Disputed value: The prosecution’s claimed value may be inaccurate or unsupported.
- Illegal search or seizure: Evidence may have been obtained through an unlawful search.
- Statements to police: The admissibility or context of statements may need to be reviewed.
Can Evidence From a Search Be Challenged?
Yes, depending on the circumstances. Receiving stolen property cases may arise after a vehicle search, search of a residence, search of a phone, execution of a warrant, or another police investigation.
If evidence was obtained in violation of constitutional protections, an attorney may examine whether there are grounds to ask the court to suppress it.
For related information about search issues, see Illegal Search and Seizure: Know Your Rights.
Can a Receiving Stolen Property Case Begin With a Clerk Magistrate Hearing?
Some Massachusetts criminal matters begin with an application for a criminal complaint instead of an immediate arrest and arraignment. In qualifying cases, the accused person may receive notice of a Clerk Magistrate Hearing, sometimes called a Show Cause Hearing.
At that hearing, the Clerk Magistrate considers whether probable cause exists to issue a criminal complaint. Depending on the circumstances, an attorney may present relevant evidence, address disputed facts, and argue that the complaint should not issue.
Not every receiving stolen property case qualifies for this process.
For more information, see What Happens at a Clerk Magistrate Hearing in Massachusetts?
Should You Explain to Police Where the Property Came From?
Be cautious about making statements before you understand the allegation and the evidence police already have.
You may believe that explaining where you obtained the property will immediately clear up the situation. However, an incomplete statement, mistaken date, inconsistent detail, or misunderstood explanation can become part of the prosecution’s evidence.
If police want to question you about property they believe was stolen, consider speaking with a criminal defense attorney before making additional statements.
How Can a Massachusetts Receiving Stolen Property Attorney Help?
A defense attorney can review the police reports, criminal complaint, alleged value of the property, evidence of knowledge, search-and-seizure issues, and the circumstances surrounding how the property came into your possession.
Depending on the case, an attorney may:
- Determine what the Commonwealth claims proves that the property was stolen;
- Challenge whether the defendant knew the property was stolen;
- Examine whether the defendant actually possessed or controlled the property;
- Review receipts, messages, payment records, and marketplace transactions;
- Challenge the alleged value of the property;
- Evaluate searches, warrants, and statements;
- Represent the accused person at a Clerk Magistrate Hearing when applicable;
- Evaluate appropriate motions;
- Discuss possible resolutions; and
- Prepare the case for trial when necessary.
Facing a Receiving Stolen Property Charge in Massachusetts?
Being found with property that was stolen does not automatically establish that you committed the offense. The Commonwealth must still prove that the property was stolen, that you knew it was stolen, and that you knowingly received, possessed, bought, controlled, or helped conceal it as required by Massachusetts law.
For an additional discussion of these cases, including examples involving online purchases and secondhand property, read Receiving Stolen Property in Massachusetts.
If you have been charged with receiving stolen property or police are questioning you about property they believe was stolen, contact us today to discuss your situation with The Law Offices of Elliot Savitz & Scott Bradley.
This page provides general information about Massachusetts criminal law and is not legal advice for a particular case. The applicable charge, possible penalties, and defense options depend on the specific facts, value of the property, prior record, and procedural history.
