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 property to face a criminal charge involving it.

These cases can arise from secondhand purchases, online marketplace transactions, borrowed property, items received from friends or relatives, or investigations involving someone else. One of the most important questions is often whether the Commonwealth can prove that you knew the property was stolen.

What Is Receiving Stolen Property in Massachusetts?

Receiving stolen property is governed primarily by Massachusetts General Laws Chapter 266, Section 60.

The statute generally prohibits knowingly buying, receiving, or helping conceal stolen or embezzled property. It also addresses certain property obtained through false pretenses and situations in which law enforcement represents property as stolen during an investigation.

The charge is different from an allegation that you personally stole the property. The prosecution may instead claim that you received, possessed, bought, or helped conceal property after it had already been stolen.

What Does the Commonwealth Have to Prove?

For a traditional receiving stolen property charge, the Massachusetts criminal model jury instruction identifies three elements that the Commonwealth must prove beyond a reasonable doubt:

• The property was stolen;
• The defendant knew that the property had been stolen; and
• The defendant knowingly possessed, bought, or aided in concealing the stolen property.

The Commonwealth does not necessarily have to prove who originally stole the property. But it must prove the required connection between the defendant and the property, including the required knowledge.

You can review the official Massachusetts Receiving Stolen Property Model Jury Instruction.

How Can Prosecutors Try to Prove You Knew Property Was Stolen?

Knowledge is often one of the most disputed parts of a receiving stolen property case. Simply possessing an item that turns out to have been stolen does not automatically establish that you knew it was stolen.

Depending on the circumstances, prosecutors may point to evidence such as:

• The price paid for the property;
• Where and how the transaction occurred;
• Messages between the buyer and seller;
• Whether serial numbers or identifying information were removed;
• Statements made to police;
• Attempts to hide, sell, or dispose of the property;
• The relationship between the accused person and the person who allegedly stole the property; or
• Other circumstances surrounding possession of the item.

There may also be an innocent explanation. Someone might buy a used phone, laptop, tools, jewelry, electronics, or other property without knowing that another person obtained it illegally.

What Are the Penalties for Receiving Stolen Property?

The potential penalties under Massachusetts General Laws Chapter 266, Section 60 depend in part on the value of the property and whether the person has a prior offense under the statute.

Property Valued at $1,200 or Less — First Offense

If the value of the property does not exceed $1,200 and it is a first offense, the statute provides for:

• Up to 2 1/2 years in a house of correction; or
• A fine of up to $3,000.

Property Over $1,200 or a Second or Subsequent Offense

If the property exceeds $1,200, or if the charge involves a second or subsequent offense involving property valued at $1,200 or less, the statute permits:

• Up to 2 1/2 years in a house of correction;
• Up to five years in state prison;
• A fine of up to $5,000; or
• A combination of the fine and imprisonment as permitted by the statute.

These are statutory maximum penalties. What happens in an individual case depends on the allegations, evidence, prior record, court proceedings, and ultimate resolution.

Is Receiving Stolen Property a Felony in Massachusetts?

That can depend on the particular offense. Massachusetts generally defines a felony as a crime that may be punished by imprisonment in state prison.

Because Section 60 allows state-prison punishment when the property exceeds $1,200 and in certain subsequent-offense cases, those circumstances can carry felony exposure. A first offense involving property valued at $1,200 or less has a different statutory penalty structure.

For more general information, see our FAQ about the difference between a misdemeanor and a felony in Massachusetts.

How Is Receiving Stolen Property Different From Larceny?

Larceny generally focuses on allegations that a person unlawfully took, obtained, or converted property. Receiving stolen property focuses on what happened after property had been stolen and whether the person receiving or possessing it knew that it was stolen.

That distinction can be important. Being found with stolen property does not necessarily establish that you were the person who originally stole it.

For a more detailed explanation of larceny law, see Larceny Charges in Massachusetts: Penalties and Defenses.

How Is Receiving Stolen Property Different From Shoplifting?

Shoplifting generally involves retail merchandise and conduct covered by Massachusetts General Laws Chapter 266, Section 30A. Receiving stolen property may occur later, after merchandise or other property has already been stolen.

For example, one person might allegedly take merchandise from a store while another person is later accused of knowingly receiving or helping conceal that merchandise.

For more information about retail theft allegations, see Shoplifting Charges in Massachusetts: Penalties and Defenses.

How Does Receiving Stolen Property Fit Into Other Theft Charges?

“Theft” is a broad term that can describe several different Massachusetts criminal offenses. Depending on the allegations, a case might involve larceny, shoplifting, receiving stolen property, embezzlement, false pretenses, or another property-related charge.

If you are unsure which type of allegation applies, see our overview of Theft Charges in Massachusetts.

Some cases can also involve check-related allegations. For more information, see our FAQ about larceny by check in Massachusetts.

What Types of Situations Can Lead to a Receiving Stolen Property Charge?

Receiving stolen property allegations may arise from situations such as:

• Buying a used item through Facebook Marketplace, Craigslist, or another online marketplace;
• Accepting a phone, laptop, jewelry, tools, or equipment from a friend or relative;
• Being found with property another person reported stolen;
• Being in a vehicle containing allegedly stolen property;
• Holding property for another person without knowing where it came from; or
• Being accused of helping someone hide or dispose of stolen property.

The surrounding circumstances matter. An unusual transaction may raise suspicion, but suspicion and proof beyond a reasonable doubt are not the same thing.

What Defenses May Apply?

Every case depends on its facts. Potential defense issues may include:

• Lack of knowledge: You did not know that the property was stolen.
• Mistaken identity: You were not the person who received, possessed, bought, or concealed the property.
• Innocent possession: There is a legitimate explanation for why you had the property.
• Insufficient evidence: The Commonwealth cannot prove all required elements beyond a reasonable doubt.
• Disputed value: The prosecution’s valuation of the property may be inaccurate or unsupported.
• Search or seizure issues: Evidence may have been obtained in a manner that raises constitutional questions.

If property was discovered during a vehicle search, see our article about when police can search your car in Massachusetts.

Should You Talk to Police About the Property?

You may believe that explaining how you obtained the property will immediately clear up the situation. However, statements can later become evidence, and incomplete or inconsistent explanations may be interpreted differently than you intended.

Before deciding how to respond to police questioning, consider speaking with a criminal defense attorney. You can also read our article about whether you should talk to the police if you are innocent.

Can Receiving Stolen Property Affect a Background Check?

A criminal case involving receiving stolen property may appear on certain background checks depending on the stage of the case, how it is resolved, and whether the record later becomes eligible for sealing.

For additional information, see our FAQ about whether a Massachusetts criminal case may appear on a background check.

Frequently Asked Questions About Receiving Stolen Property

Can I be charged if I did not steal the property myself?

Yes. Massachusetts law allows a separate charge for knowingly buying, receiving, possessing, or aiding in the concealment of stolen property. The Commonwealth does not necessarily have to prove that you were the person who originally stole it.

What if I did not know the property was stolen?

Knowledge is an element the Commonwealth generally must prove. If you did not know the property was stolen, that may be an important defense. How you obtained the property and the surrounding circumstances can become important evidence.

What if I bought the item online?

Buying an item online does not automatically make you guilty if the property later turns out to have been stolen. Prosecutors may examine messages, price, payment records, the identity of the seller, and other circumstances surrounding the transaction.

Does the value of the property matter?

Yes. Section 60 uses $1,200 as an important threshold in determining the available penalties. The defendant’s prior record under the statute may also affect the potential penalty.

Should I return the property myself?

Returning property does not automatically resolve a criminal allegation. If police are investigating the property or a criminal case is already underway, speak with an attorney before taking steps that could affect the evidence or your case.

Facing a Receiving Stolen Property Charge in Massachusetts?

If you have been charged with receiving stolen property, or police are questioning you about property they believe was stolen, the specific evidence and what you allegedly knew can be critical.

The Law Offices of Elliot Savitz & Scott Bradley represent clients facing receiving stolen property, larceny, theft, shoplifting, and other criminal charges throughout Massachusetts.

Contact us today to discuss your case and the next steps that may be available.

This article provides general information about Massachusetts criminal law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its individual facts and circumstances.