[1] Although the government needs to prove that an individual knew that the property they possessed was stolen, unfortunately sometimes those who innocently purchase stolen property get charged with criminal possession of a stolen property, and are forced to defend themselves to prove otherwise.

In New York there are five different degrees of criminal possession of stolen property, and generally speaking the severity of the degree an individual is charged with increases as the value of the property possessed increases. See the following list[2]:

• 5^th degree: any amount.
• 4^th degree: exceeds $1000, or exceeds $100 if property is motor vehicle (except motorcycle), or $100 or more if religious property.
• 3^rd degree: exceeds $3000
• 2^nd degree: exceeds $50,000
• 1^st degree: exceeds $1,000,000

The severity of the punishment for criminal possession of stolen property varies with each degree however all of them can include time in jail or prison. Criminal possession of stolen property 5^th degree (PL 165.40) is classified as an “A” misdemeanor and is punishable by either one (1) year in jail or (3) years of probation, and with a fine of $1,000. Criminal possession of stolen property 4^th degree (PL 165.45) is an “E” felony and is punishable by either up to four (4) years in state prison or five (5) years of probation, and with a fine of $5,000. Criminal possession of stolen property 3^rd degree (PL 165.50) is a “D” felony and is punishable by either up to seven (7) years in state prison or five (5) years of probation, and with a fine $5,000. Criminal possession of stolen property 2^nd degree (PL 165.52) is a “C” felony and is punishable by either up to fifteen (15) years in state prison or five (5) years of probation, and with a fine of $5,000. Lastly, criminal possession of stolen property 1^st degree (PL 165.54) is a “B” felony (the third highest level of crime in New York) and requires mandatory state prison time of up to twenty –five (25) years, and a fine of $5,000.[3]

Criminal Possession of Stolen Property 5^th Degree (PL 165.40) in Rochester

A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

Criminal Possession of Stolen Property 4^th Degree (PL 165.45) in Rochester

A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when:

1. The value of the property exceeds one thousand dollars; or
2. The property consists of a credit card, debit card or public benefit card; or
3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or
4. The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or
5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

Criminal Possession of Stolen Property 3^rd Degree (PL 165.50) in Rochester

A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars.

Criminal Possession of Stolen Property 2^nd Degree (PL 165.52) in Rochester

A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

Criminal Possession of Stolen Property 1^st Degree (PL 165.54) in Rochester

A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars.

Conclusion

In regards to criminal possession of stolen property, the stakes can get high pretty quick. For example: you buy a vehicle on Craigslist, and the vehicle turns out to be stolen, the authorities do not believe you when you tell them you had no idea the vehicle was stolen, as a result you are charged with a criminal possession of stolen property in the 3^rd degree, a “D” felony. This scenario is not uncommon, and individuals who are charged with crimes of this nature absolutely need to consult with an experienced team of attorney’s to ensure they are treated fairly and do not lose their freedom or livelihood.

[1] New York Penal Law Section 165.40
[2] New York Penal Law § 165.40 (McKinney)
[3] New York Penal Law Title E