Buying a used phone from a stranger, picking up a deal at a flea market, holding onto a friend’s borrowed tools – any of these can turn into a criminal case if the property turns out to be stolen. The good news for Missouri residents: simply possessing stolen property is not, by itself, a crime. The state has to prove that you knew or believed it had been stolen.
Missouri No Longer Has a Separate “Receiving Stolen Property” Law
Older Missouri statutes treated the receiving of stolen property as a separate crime. That law was repealed years ago, but the same conduct is now covered by Missouri’s general theft statute, RSMo 570.030. Under this law, a person commits theft if they receive, keep, or dispose of someone else’s property without the owner’s permission, knowing or believing that the property was stolen. In practice, both receiving stolen property and directly stealing it are now charged and punished as the same crime in Missouri.
Knowledge Is the Element Prosecutors Must Prove
This is the part of the law that protects innocent buyers and borrowers. A prosecutor cannot convict someone simply because they ended up in possession of stolen property. The state must prove beyond reasonable doubt that the person:
- Knew the item had been stolen; or
- Believed the item was stolen based on the circumstances surrounding how they acquired it.
Genuine ignorance is a defense. If you have no reason to suspect that the property was stolen when you received it, you haven’t committed this crime. This is true even if the property turns out to be stolen after all.
How Prosecutors Try to Prove Knowledge
Few people admit to knowing that property has been stolen. As a result, prosecutors often rely on circumstantial evidence. Some common factors used to attempt to establish knowledge include:
- A purchase price significantly below fair market value.
- A seller who refuses to provide identification, receipts, or contact information.
- Serial numbers that have been removed, filed off, or altered.
- Secretive transactions, such as rushed sales, late-night meetings, or cash-only transactions.
- A pattern of purchasing similar items from the same untrustworthy source.
Missouri courts have also long recognized that juries may infer guilty knowledge from a person’s possession of recently stolen property that cannot be explained, especially when the person cannot provide a credible explanation for how they obtained it.
Penalties Depend on What Was Received
Missouri does not treat all stolen property cases in the same way. The classification of a crime depends on the type of property involved, rather than just the fact that it was stolen. Under RSMo 570.030, receiving certain categories of property such as motor vehicles, firearms, controlled substances, or property taken directly from a person automatically makes the charge a felony, regardless of how the person came to possess the property.
Low-value items without aggravating circumstances typically remain misdemeanors. However, the law allows for enhanced charges if receiving stolen property is part of an organized retail theft scheme targeting businesses. This category has been expanded in recent years to include large-scale resale operations.
What to Do If You’re Accused
If you are questioned or charged with property that turns out to have been stolen, avoid explaining your side of the story to the police before speaking to an attorney. The details about how, when, and from whom you obtained the property, as well as any receipts, messages, or payment records can become evidence that distinguishes an innocent purchase from a conviction.
Don’t Face These Charges Alone
If you have been charged with a crime, you already know that there is a lot at stake: your freedom, your reputation, your relationships, your job, and possibly your ability to remain in this country. With so much at risk, the choice of a criminal defense attorney becomes critically important. The government has significant resources dedicated to prosecuting people and securing convictions, so your defense attorney is the only thing standing between you and the outcome.
Mueller Law Group, LLC has spent years building defense strategies from every angle. No matter how many cases come through the door, it is a real person’s future that is at stake. Contact Mueller Law Group, LLC today to discuss your specific case.