Larceny & Theft Case Study
Whether the defendant's receipt of stolen property was proven beyond a reasonable doubt.
The court reversed the receiving stolen property conviction, finding that the prosecution failed to prove beyond a reasonable doubt that the defendant knew the property was stolen. The court held that knowledge that property is stolen is an essential element of receiving stolen property and must be proven by direct or circumstantial evidence.
Receiving stolen property requires knowledge that the property was stolen. D.J. Rivera challenges the prosecution's evidence of knowledge in receiving stolen property cases — scrutinizing whether the circumstances were sufficient to put a reasonable person on notice that the property was stolen.
This case involves § 18.2-108 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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