PL 165.40 · Article 165
Criminal Possession of Stolen Property in the Fifth Degree
This offense concerns knowing possession of stolen property with a specified intent, not possession alone. The intent may be to benefit the person accused, benefit someone other than an owner, or impede an owner's recovery.
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Text us immediately · (845) 290-2492Definition under New York law
PL 165.40 · Original statutory wording; excerpts must be read together with the full section.
§ 165.40 Criminal possession of stolen property in the fifth degree. 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 in the fifth degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns knowing possession of stolen property with a specified intent, not possession alone. The intent may be to benefit the person accused, benefit someone other than an owner, or impede an owner's recovery.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove each required element beyond a reasonable doubt.
- The person accused knowingly possessed property that was stolen, with knowledge that it was stolen.
- The person accused intended to benefit themselves, benefit someone other than an owner, or impede recovery by an owner. These are alternative intents, not cumulative requirements.
Defenses that commonly apply
- What evidence establishes that the property was stolen and possessed by the person accused?
- What did the person accused know about the property's stolen status?
- What evidence supports or contradicts an intent to benefit the person accused or another nonowner, or to impede an owner's recovery?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common in resale, pawn, online-marketplace and vehicle-part cases. Knowledge is usually proved by inference, so the circumstances of the purchase matter.
Common questions about your defense
Can lack of knowledge that the property was stolen be a defense?
If the person accused did not know the property was stolen, that may undermine the knowing-possession requirement. The prosecutor must also establish an intent to benefit the person accused or another nonowner, or to impede recovery by an owner. Each required element must be proved beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 160.15 · Class B Felony
PL 165.45 · Class E Felony
PL 155.25 · Class A Misdemeanor
PL 165.50 · Class D Felony
PL 165.52 · Class C Felony
PL 165.54 · Class B Felony
PL 165.05 · Class A Misdemeanor
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