§ 2-34 Receiving Stolen Goods

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 2-34 Receiving Stolen Goods

The defendant is charged with receiving stolen goods.

Section 16-13-180 of the South Carolina Code of Laws provides:

It is unlawful for a person to buy, receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property.

To convict one of receiving stolen goods, the State must prove three elements beyond a reasonable doubt: (1) the goods, chattels, or property were previously stolen by another; (2) the defendant bought, received, or possessed the stolen goods, chattels, or other property; and (3) at the time the defendant bought, received, or possessed the goods, chattels, or other property he knew or had reason to believe they had been stolen.

First, the State must show the goods, chattels, or property in question were previously stolen by another.

Second, the State must prove the defendant bought, received, or possessed the stolen goods, chattels, or other property.

Third, the State must demonstrate that, at the time the defendant bought, received, or possessed the goods, chattels, or other property, he knew or had reason to believe they had been stolen.

The law states the defendant must know or have reason to believe the property is stolen. This requirement is satisfied by either a subjective or an objective state of mind. One who knows or believes the property is stolen meets the subjective standard.

One who neither knows nor believes the property to be stolen but who ought to have so known or believed meets the alternative objective standard and is equally guilty. The phrase "or has reason to believe" refers to the objective, reasonable person standard.

S.C. Code Ann. § 16-13-180 (2003) ("A person who violates the provisions of this section is guilty of a:

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