§ 165.40 Criminal possession of stolen property in the fifth degree.

This is a possession offense that may or may not be charged with the related petit larceny (theft).

"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." New York Penal Law § 165.40

Criminal possession of stolen property in the fifth degree is a class
A misdemeanor.

Under Penal Law § 155.00, "Property" means any money, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value, including any gas, steam, water or electricity, which is provided for a charge or compensation.

Knowledge is based on facts and circumstances that would allow someone to infer that the person found in possession knew the property was stolen. This could be based observations of the accused, statements, and/or the nature of the property itself.

If you or a loved one has been accused of criminal possession of stolen property, contact us for a free case evaluation.

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