PL 165.52 · Article 165
Criminal Possession of Stolen Property in the Second Degree
This offense requires knowing possession of stolen property worth more than $50,000 and a specified intent. The intent alternatives are benefiting the person accused, benefiting someone other than an owner, or impeding recovery by an owner.
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Text us immediately · (845) 290-2492Definition under New York law
PL 165.52 · Original statutory wording; excerpts must be read together with the full section.
§ 165.52 Criminal possession of stolen property in the second degree.A person is guilty of criminal possession of stolen property in thesecond 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 the value of the propertyexceeds fifty thousand dollars.Criminal possession of stolen property in the second degree is a classC felony.Read the full section at the New York State SenateIn everyday language
This offense requires knowing possession of stolen property worth more than $50,000 and a specified intent. The intent alternatives are benefiting the person accused, benefiting someone other than an owner, or impeding recovery by an owner.
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 stolen property and knew it was stolen.
- The person accused intended to benefit themselves, benefit someone other than an owner, or impede recovery by an owner. These intents are alternatives, not cumulative requirements.
- The property's value exceeded $50,000; exactly $50,000 does not satisfy this requirement.
Defenses that commonly apply
- What evidence shows possession by the person accused and knowledge that the property was stolen?
- What evidence supports or contradicts the alleged intent to benefit the person accused or another nonowner, or impede an owner's recovery?
- Does the valuation evidence establish that the property was worth more than $50,000?
Penalties and collateral consequences
A Class C Felony carries a maximum sentence of up to 15 years and a fine of up to $5,000.
Common questions about your defense
Can a valuation dispute undermine a second-degree stolen-property possession charge?
A valuation dispute may matter if it leaves the evidence insufficient to establish a value above $50,000. Even proof of high value does not replace the requirements of knowing possession of stolen property and one of the specified alternative intents. The prosecutor must prove each required element 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 165.50 · Class D Felony
PL 165.54 · Class B Felony
PL 165.05 · Class A Misdemeanor
PL 165.40 · Class A Misdemeanor
PL 165.45 · Class E Felony