Receiving Stolen Property

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Receiving Stolen Property. Kenneth Vercammen's Law office represents individuals
charged with criminal and serious traffic violations throughout New Jersey.
2C:20-7 Receiving stolen property 2C:20-7 . Receiving Stolen Property.
a. Receiving. A person is guilty of theft if he knowingly receives or rings into this
State !ovale property of another knowing that it has een stolen" or elieving that it is
proaly stolen. #t is an affir!ative $efense that the property was receive$ with purpose
to restore it to the owner. %Receiving% !eans ac&uiring possession" control or title" or
len$ing on the security of the property. . Presu!ption of knowle$ge. 'he
re&uisite knowle$ge or elief is presu!e$ in the case of a person who: ()* #s foun$
in possession or control of two or !ore ite!s of property stolen on two or !ore separate
occasions+ or (2* ,as receive$ stolen property in another transaction within the year
prece$ing the transaction charge$+ or (-* .eing a person in the usiness of uying
or selling property of the sort receive$" ac&uires the property without having ascertaine$
y reasonale in&uiry that the person fro! who! he otaine$ it ha$ a legal right to
possess an$ $ispose of it +or (/* #s foun$ in possession of two or !ore $eface$
access $evices. 0.)172" c.13+ a!en$e$ )171" c.)72" s.-3+ )12)" c.210" s.)1+ )117"
c.4" s.-. 2C:20-7.1. Fencing a. Possession of altere$ property. Any $ealer in
property who knew or shoul$ have known that the i$entifying features such as serial
nu!ers an$ per!anently affi5e$ laels of property in his possession have een re!ove$
or altere$ without the consent of the !anufacturer is guilty of possession of altere$
property. #t is a $efense to a prosecution un$er this susection that a person lawfully
possesses the usual in$icia of ownership in a$$ition to !ere possession. . 6ealing in
stolen property. A person is guilty of $ealing in stolen property if he traffics in" or
initiates" organi7es" plans" finances" $irects" !anages or supervises trafficking in stolen
property. c. 'he value of the property involve$ in the violation of this section shall
e $eter!ine$ y the trier of fact. 'he value of the property involve$ in the violation of
this section !ay e aggregate$ in $eter!ining the gra$e of the offense where the acts or
con$uct constituting a violation were co!!itte$ pursuant to one sche!e or course of
con$uct" whether fro! the sa!e person or several persons. $. #t is an affir!ative
$efense to a prosecution un$er this section that the actor: ()* 8as unaware that the
property or service was that of another+ (2* Acte$ un$er an honest clai! of right to the
property or service involve$ or that he ha$ a right to ac&uire or $ispose of it as he
$i$. e. #n a$$ition to the presu!ptions containe$ in 9.:.S. 2C:20-7. the following
presu!ptions are availale in the prosecution for a fencing offense: ()* Proof of the
purchase or sale of property at a price sustantially elow its fair !arket value" unless
satisfactorily e5plaine$" gives rise to an inference that the person uying or selling the
property knew that it ha$ een stolen+ (2* Proof of the purchase or sale of property y a
$ealer in that property" out of the regular course of usiness" or without the usual in$icia
of ownership other than !ere possession" or the property or the ;o lot of which it is a
part was ought" receive$" possesse$ or controlle$ in roken succession of title" so that it
cannot e trace$" y appropriate $ocu!ents" in unroken succession to the !anufacturer"
in all cases where the regular course of usiness reasonaly in$icates recor$s of
purchase" transfer or sale" unless satisfactorily e5plaine$" gives rise to an inference that
the person uying or selling the property knew that it ha$ een stolen+ an$ (-* Proof
that a person uying or selling property of the sort receive$ otaine$ such property
without having ascertaine$ y reasonale in&uiry that the person fro! who! he otaine$
it ha$ a legal right to possess or control it gives rise to an inference that such person knew
that it ha$ een stolen.
KENNETH VERCAMMEN & ASSOCATES! PC
ATTORNE" AT #A$
20! "ood#ridge $ve.
%dison& NJ 0''()
)!2*)2*000
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