Massachusetts Jury Instruction - Sale Or Receipt Of Stolen Property

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Generally speaking, stolen property that is valued at less than $250, is usually classified as petty larceny, which is a misdemeanor offense in Massachusetts. If the stolen property is valued at greater than $250, the law considers the offense to be classified as grand larceny, which is a felony in Massachusetts.

If an individual is convicted of receiving stolen property under G.L. c. 266, §60, the individual will face the following penalties: First Offense: imprisonment in the house of correction for not more than 2 ½ years or a fine of not more than $1,000.

Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).

The store owner is allowed to hold a shoplifter for a reasonable amount of time in what is known as ?shopkeeper's privilege.? See MGL ch. 231, s. 94B. Furthermore, a police officer can arrest you for shoplifting even if they didn't witness it.

To be convicted of receiving stolen property under PC 496(a), the government must prove the following elements beyond a reasonable doubt: Property was obtained by theft or extortion; The accused received, concealed, sold, or withheld the property; The accused knew the property was obtained by theft or extortion.

Massachusetts General Laws Chapter 266, Section 30 makes it a crime to unlawfully steal, embezzle, or convert another person's personal property, real property, or trade secrets.

Larceny of property with a value that exceeds $250 or larceny of a firearm is a felony in Massachusetts. It is punishable by up to 5 years in prison. Larceny of items with a value less than $250 is a misdemeanor and punishable by up to 1 year in jail.

Section 87: Larceny of leased or rented property Any person convicted of larceny of leased or rented personal property shall be punished by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both.

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Massachusetts Jury Instruction - Sale Or Receipt Of Stolen Property