There is a newer version of the Code of Alabama
(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.
(b) If a person:
(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or
(2) Possesses goods or property which have been recently stolen; or
(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.
(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
(Acts 1977, No. 607, p. 812, §3240; Acts 1979, No. 79-664, p. 1163, §1.)
Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get free summaries of new opinions delivered to your inbox!
In discussing Alabama's statutes on receiving stolen property, it's crucial to understand the legal framework governing such offenses. As an enthusiast deeply entrenched in legal matters, I've delved extensively into statutes, including those related to theft and property crimes.
Section 13A-8-16 of the 2006 Alabama Code deals specifically with the offense of receiving stolen property. It outlines the conditions under which a person can be charged with this crime. It defines the act as intentionally receiving, retaining, or disposing of stolen property while being aware that it's stolen or having reasonable grounds to believe so. Notably, there's an exception if the individual intends to restore the property to its rightful owner.
The subsections (b)(1), (b)(2), and (b)(3) further elaborate on scenarios that can serve as evidence supporting the knowledge or belief of receiving stolen property. For instance:
- Repeated instances of possessing stolen property within a year before the current offense.
- Possession of goods recently stolen.
- Engaging in the regular buying, selling, or handling of property in the course of business without conducting reasonable inquiries into the legality of the property's origin.
Moreover, the law clarifies that lack of knowledge regarding the thief's identity or legal proceedings against them doesn't serve as a defense in a charge of receiving stolen property.
This statute places a significant emphasis on intent and awareness, establishing a framework to assess an individual's culpability based on their actions and knowledge regarding the stolen nature of the property. It's important to note that laws may have undergone revisions or updates beyond the 2006 version, so it's prudent to refer to the most current versions or consult legal experts for precise and up-to-date information on Alabama's statutes concerning theft-related offenses.
