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Criminal Defense

Receiving Stolen Property in NJ (2C:20-7): You Don’t Have to Be the Thief

One of the most misunderstood charges in New Jersey is receiving stolen property. People assume that if they didn’t steal something, they can’t be charged over it. That’s wrong. Under N.J.S.A. 2C:20-7, you can be prosecuted simply for possessing property you knew or believed was stolen — even if you had nothing to do with the original theft.

What the State must prove

The statute makes it a crime to knowingly receive or possess movable property of another, knowing it was stolen or believing it probably was. The crucial element is your state of mind: the State must prove you knew the property was stolen or believed it probably was. Innocently buying something that turns out to be stolen — with no reason to suspect it — is not the crime.

“Knew or believed” is the battleground: The line between an innocent buyer and a criminal defendant is knowledge. The law lets the State argue knowledge from circumstances — an unusually low price, a missing serial number, buying from someone with no legitimate explanation — but those are inferences a defense can contest, not automatic proof.

How it’s graded

Receiving stolen property is graded by the value of the property, using the same theft-grading scale in N.J.S.A. 2C:20-2:

  • $75,000 or more — second-degree crime.
  • $500 up to $75,000 — third-degree crime.
  • $200 up to $500 — fourth-degree crime.
  • Under $200 — a disorderly persons offense in municipal court.

There are also specific provisions for things like stolen vehicles and for people who are in the business of buying and reselling, which can elevate the charge. As with theft by deception, the dollar amount can move a case across the line between a municipal matter and a serious indictable charge, so the valuation itself is often disputed.

Common situations

  • Buying a deal that’s too good to be true — electronics, tools, a bike, or auto parts from an informal seller.
  • Being a passenger in or driver of a car later found to contain stolen goods.
  • Pawn and resale transactions that get traced back to a theft.
  • Group arrests where everyone present gets charged with possession.

How these cases get defended

Because knowledge is the heart of the charge, the defense focuses there: showing you had no reason to believe the item was stolen, that the price and circumstances were ordinary, or that you didn’t actually possess it (a major issue in shared-car and group cases, where “constructive possession” gets stretched). The lawfulness of the search that turned up the property matters too — the same suppression issues that drive CDS-in-a-vehicle cases. For eligible defendants, Pretrial Intervention may resolve the case without a conviction.

Charged with receiving stolen property? Don’t explain it away

The instinct to tell the officer “I didn’t know it was stolen” can backfire, because it concedes you possessed it and puts your knowledge in play. If you’re facing a 2C:20-7 charge anywhere in New Jersey, it’s worth a free call before you say anything else.

More NJ Legal Insights

This article is general information about New Jersey law, not legal advice, and does not create an attorney–client relationship. Every case turns on its own facts. For advice about your situation, call 908-692-7745.

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