What is Concealing Stolen Property In Oklahoma?

Receiving or concealing stolen property is defined in 21 OS § 1713. It occurs when someone buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner.

The statute uses a reasonable person standard to determine if you received stolen property under such circumstances that would cause you to believe that the property was indeed stolen. If you, without making reasonable inquiry, buy, receive, conceal, withhold, or aid in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it will be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.

The statute relies upon the belief that a reasonable person would make an inquiry to ascertain from whom the property was bought or received and if that individual had a legal right to sell or deliver it. If these questions cannot be answered, the law presumes that the individual who bought or received such property knew it to be stolen or unlawfully obtained.

Theft, Burglary, & Robbery In Oklahoma

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In other words, even if somebody received stolen property and did not know that it was stolen but the circumstances surrounding it were so fishy that a reasonable person would have asked to find out if it was stolen, then you can still be found guilty of receiving stolen property.

Punishment For Receiving Or Concealing Stolen Property In Oklahoma

If the value of the property is $1,000.00 or more, that is a felony punishable by imprisonment in the State Penitentiary not to exceed five years, or in the county jail not to exceed one year, or by a fine not to exceed $500.00 or by both such fine and imprisonment.

If the value of the property received is less than $1,000.00, that is a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

Source:

21 OS § 1713 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70071

21 OS § 1713 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=479473 (to be superseded 7-1-17)

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