Definition in Oklahoma
Receiving – It’s illegal to buy or receive, in any manner, upon any consideration, any personal property that has been stolen, embezzled, or obtained by false pretense or robbery.
Concealing – It’s illegal to conceal, withhold, or aid in concealing or withholding personal property that has been stolen, embezzled, or obtained by false pretense or robbery.
The recipient must know or have reasonable cause to believe the property to have been stolen, embezzled, or obtained by false pretense or robbery.
The statute uses a reasonable person standard to determine whether you received stolen property under such circumstances that would cause you to believe that the property was indeed stolen. If you, without making reasonable inquiry, buy, receive, conceal, withhold, or aid in concealing or withholding any property that has been stolen, embezzled, or obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it, you will be presumed to have bought or received such property knowing it to have been stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.
The statute relies upon the belief that a reasonable person would make an inquiry to determine from whom the property was bought or received and if that individual had a legal right to sell or deliver it. If these questions can’t be answered, the law presumes that the individual who bought or received such property knew it to be stolen or unlawfully obtained. In other words, even if somebody received stolen property and didn’t know that it was stolen but the circumstances surrounding it were so fishy that a reasonable person would have asked to find out if it was stolen, then that individual can still be found guilty of receiving stolen property.
Receiving Stolen Property in Oklahoma
When the crime charged is receiving stolen property, it’s not necessary to allege the ownership of the property, or from whom the property was stolen. However, it is necessary to allege the person from whom the stolen property was received, or that the person from whom the stolen property was received is unknown. A variance between the allegation in the information as to from whom the property was received and the evidence at trial as to from whom the property was actually received requires
reversal of the conviction. This pleading requirement, concerning from whom the stolen property was received, relates to procedural due process requirements, mandating the pleading of sufficient information to enable the defendant to prepare a defense. The name of the person from whom the stolen property was received is not an element of the crime.
Concealing Stolen Property in Oklahoma
When the crime charged is concealing stolen property, it would seem to be necessary to allege the name of either the owner of the property or of the person having possessory rights in the property. Although the statutory language indicates that the crime of concealing stolen property is concealment from the owner, the word “owner” should not be interpreted literally. The word “owner” should also include a person who has possessory rights in the property that is being concealed. This construction is in accordance with the concept that larceny is a crime against possession, regardless of ownership.
Punishment For Receiving Or Concealing Stolen Property
| Property Value | Type of Crime | Jail/Prison | Fine |
|---|---|---|---|
| < $1,000 | Misdemeanor | Up to 6 months jail | 0 |
| ≥ $1,000 & < $2,500 | Felony | Up to 2 yrs prison or 1 yr jail | ≤ $500 |
| ≥ $2,500 & < $15,000 | Felony | Up to 5 yrs prison or 1 yr jail | ≤ $500 |
| ≥ $15,000 | Felony | Up to 8 yrs prison | ≤ $500 |
Sources: 21 O.S. § 1713
Current as of March 29, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.
Charged with receiving stolen property in Oklahoma? Call Oklahoma criminal defense attorney Frank Urbanic in OKC for a free case consultation.