Criminal Possession of Stolen Property in the Fourth Degree

Definition under New York law

PL 165.45 · Original statutory wording; excerpts must be read together with the full section.

§ 165.45 Criminal possession of stolen property in the fourth degree.A person is guilty of criminal possession of stolen property in thefourth degree when he knowingly possesses stolen property, with intentto benefit himself or a person other than an owner thereof or to impedethe recovery by an owner thereof, and when:1. The value of the property exceeds one thousand dollars; or2. The property consists of a credit card, debit card or publicbenefit card; or3. He is a collateral loan broker or is in the business of buying,selling or otherwise dealing in property; or4. The property consists of one or more firearms, rifles and shotguns,as such terms are defined in section 265.00 of this chapter; or5. The value of the property exceeds one hundred dollars and theproperty consists of a motor vehicle, as defined in section one hundredtwenty-five of the vehicle and traffic law, other than a motorcycle, asdefined in section one hundred twenty-three of such law; or6. The property consists of a scroll, religious vestment, vessel orother item of property having a value of at least one hundred dollarskept for or used in connection with religious worship in any building orstructure used as a place of religious worship by a religiouscorporation, as incorporated under the religious corporations law or theeducation law.7. The property consists of anhydrous ammonia or liquified ammonia gasand the actor intends to use, or knows another person intends to use,such anhydrous ammonia or liquified ammonia gas to manufacturemethamphetamine.Criminal possession of stolen property in the fourth degree is a classE felony.

In everyday language

Criminal possession of stolen property in the fourth degree (criminal possession of stolen property 4th degree) requires knowing possession of stolen property and an intent to benefit the person accused or another nonowner, or impede an owner's recovery. It also requires one of seven alternative circumstances involving value, property type, the person's business, or the specified intended use of ammonia; not every alternative has a value threshold.

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.