Receiving Stolen Property in Massachusetts

Being charged with receiving stolen property can be frightening, especially if you did not steal anything yourself. In Massachusetts, however, you do not have to be the person who originally took the property to face a criminal charge. If prosecutors believe you bought, accepted, kept, helped hide, or controlled property that you knew was stolen, you may be accused of receiving stolen property.

These cases often come from misunderstandings, secondhand purchases, borrowed items, online marketplace transactions, family disputes, or police investigations involving another person. The key issue is often not simply whether the property was stolen, but whether the Commonwealth can prove you knew it was stolen or had the required intent under Massachusetts law.

What Is Receiving Stolen Property in Massachusetts?

Receiving stolen property is addressed under Massachusetts General Laws Chapter 266, Section 60. Under this law, a person may be charged if they buy, receive, or help conceal stolen or embezzled property while knowing that the property was stolen or embezzled.

The law may also apply in certain situations involving property obtained by false pretenses or property represented by law enforcement as stolen during an investigation. You can review the statute through the Massachusetts Legislature here: Massachusetts General Laws Chapter 266, Section 60.

How Is Receiving Stolen Property Different From Shoplifting or Larceny?

Receiving stolen property is different from being accused of stealing the item in the first place. A person may face this charge because police believe they accepted, bought, held, moved, or helped conceal property after it was stolen.

For example, a shoplifting case may involve an allegation that someone took merchandise from a store. Receiving stolen property may involve a separate claim that someone later possessed or helped hide those items. If your case involves a store-related accusation, you may also want to review our information on shoplifting in Massachusetts and defense for a Boston shoplifting charge.

This charge can also overlap with other theft-related allegations, including check-related offenses. For related information, see our FAQ on larceny by check in Massachusetts.

What Does the Prosecutor Have to Prove?

In a Massachusetts receiving stolen property case, the prosecution generally must prove several important points. The exact issues depend on the facts, but common questions include:

• Was the property actually stolen, embezzled, or unlawfully obtained?
• Did the defendant buy, receive, possess, control, or help conceal it?
• Did the defendant know the property was stolen?
• Can the Commonwealth prove the value of the property?
• Was there an innocent explanation for how the defendant came into possession of the property?

The knowledge element is often one of the most important parts of the case. A person may receive an item without knowing it was stolen. For example, someone might buy a used phone, jewelry, tools, electronics, or equipment from another person without knowing the full history of the item. Suspicion alone is not the same as proof beyond a reasonable doubt.

Is Receiving Stolen Property a Felony in Massachusetts?

Receiving stolen property can be charged seriously depending on the value of the property and the defendant’s prior record. Under Massachusetts law, if the value of the property does not exceed $1,200, a first offense may be punished by imprisonment in the house of correction for up to 2 1/2 years or by a fine of up to $3,000.

If the value exceeds $1,200, or if there is a second or subsequent offense, the penalties can be more serious, including possible state prison exposure under the statute. If you are unsure how the charge may be classified, our FAQ on the difference between a misdemeanor and a felony may help explain the general distinction.

How Does Value Affect the Case?

Value matters because Massachusetts law treats lower-value and higher-value property differently. In some cases, prosecutors may rely on receipts, owner statements, replacement cost, resale value, police reports, appraisals, or other evidence to estimate value.

A defense attorney may look carefully at whether the claimed value is accurate. The original purchase price may not always reflect current value. Used property, damaged property, older electronics, and secondhand items may be worth less than claimed. If value is exaggerated, that can affect the seriousness of the charge and the possible penalties.

Common Examples of Receiving Stolen Property Cases

Receiving stolen property cases can arise from many different situations, including:

• Buying a used item from Facebook Marketplace, Craigslist, or another online platform
• Accepting a phone, laptop, jewelry, tools, or equipment from a friend or relative
• Being found in possession of property reported stolen by someone else
• Driving a vehicle containing items suspected to be stolen
• Holding property for another person without knowing where it came from
• Being accused of helping someone hide stolen property

In some cases, the accusation is based more on assumption than evidence. Police may believe a person “should have known” something was stolen because the price seemed too low, the circumstances were unusual, or the person who provided the item had a questionable explanation. But the Commonwealth still has to prove the charge in court.

What Are Possible Defenses?

Every case depends on the facts, but possible defenses may include:

• Lack of knowledge: You did not know the property was stolen.
• Mistaken identity: You were not the person who received, possessed, or concealed the property.
• Innocent possession: You had a reasonable explanation for having the item.
• Insufficient evidence: The Commonwealth cannot prove the required elements beyond a reasonable doubt.
• Disputed value: The alleged value of the property is inaccurate or unsupported.
• Unlawful search or seizure: Police may have obtained evidence in a way that violated your rights.

If the case involves questions about how police found the property, the search may also matter. For related information, see our post on when police can search your car in Massachusetts.

Should You Talk to Police About the Property?

If police want to question you about stolen property, be careful. You may believe you can clear everything up by explaining where the item came from, but statements can be misunderstood or used against you later. Even innocent explanations can create problems if the details are incomplete, inconsistent, or taken out of context.

Before speaking with police, it is usually best to consult with a criminal defense attorney. You may also want to review our article on whether you should talk to the police if you are innocent.

Can Receiving Stolen Property Affect a Background Check?

Yes. A receiving stolen property charge may affect your criminal record and may appear on certain background checks, depending on the type of case, outcome, and whether the record is later eligible for sealing. For more information, see our FAQ on whether a criminal case may show up on a background check.

Talk to a Massachusetts Criminal Defense Lawyer

If you were charged with receiving stolen property in Massachusetts, or if police are asking questions about property they believe was stolen, it is important to get legal guidance quickly. The Law Offices of Elliot Savitz and Scott Bradley can review the facts, explain your options, and help protect your rights at every stage of the case.

Contact us today to discuss your case and next steps.

Legal Disclaimer: This article is for general informational purposes only and is not legal advice. Reading this information does not create an attorney-client relationship. Every case is different, and you should speak with a Massachusetts criminal defense attorney about your specific situation.

Frequently Asked Questions About Receiving Stolen Property in Massachusetts

Can I be charged if I did not know the property was stolen?

The Commonwealth generally has to prove knowledge. If you did not know the property was stolen, that may be an important defense. The facts surrounding how you received the property will matter.

What if I bought the item online?

Buying something online does not automatically make you guilty if the item turns out to be stolen. However, prosecutors may look at the price, messages, payment method, and circumstances of the sale.

Can the value of the property affect the charge?

Yes. Value can affect the seriousness of the charge and the potential penalties. A defense attorney may challenge whether the claimed value is supported by reliable evidence.

Should I return the property myself?

Do not make decisions that could affect your case without legal advice. Returning property may be appropriate in some situations, but it should be handled carefully.