The New York name for it
Receiving stolen property is the term used in many states and in federal law, but New York charges this conduct as criminal possession of stolen property. The degree generally depends on the value of the property and, for some categories such as vehicles and credit cards, on the type of item. In most cases the central element is knowledge: the prosecution generally has to show that you knew the property was stolen and meant to benefit from it or keep it from its owner. Simply having property that turns out to be stolen is not the same as knowing it was.
How knowledge gets argued
Since few people admit knowing, knowledge is usually inferred from circumstances. Prosecutors point to a price far below market value, a seller who would not give a name, removed serial numbers, or messages about where the item came from. The defense looks at the same facts from the other side: a listing that looked ordinary, a seller who seemed legitimate, a price that was low but not unusual for a used item. In certain settings, including some involving secondhand dealers and stolen credit cards, New York law itself allows an inference of knowledge. Keep the listing, your messages with the seller, and the payment record, since they often show what the transaction looked like at the time.
If police contact you about an item
Do not resell, hide, or alter the item once you learn it may be stolen, and do not contact the seller to ask questions or warn them. Doing so can look like an effort to keep the property from its owner, which is part of what the offense addresses. Talk to a lawyer before answering detailed questions about where you got it, even if the explanation seems simple. If the item has been seized, keep the property receipt. When you first call, we review how the purchase happened, what records exist, and whether the facts point toward a defense on knowledge or toward a resolution that avoids a lasting record.
