Possessing Stolen Property

What is Possessing Stolen Property?

According to RCW §9A.56.140, a person commits the crime of possessing stolen property when he:

1. Knowingly receives, retains, possesses, conceals, or disposes of stolen property;
2. Knowing that the property is stolen; and
3. Possessed the stolen property for the purpose of withholding it from the rightful owner or setting it aside for use by anyone other than the rightful owner.

A person can commit the crime of possessing stolen property in the first degree, second degree, or third degree.

Possessing Stolen Property in the First Degree:

According to RCW §9A.56.150, a person may be charged with possessing stolen property in the first degree if a person possesses stolen property, as defined above, which exceeds $5,000 in value. This offense does not include possession of a stolen firearm or motor vehicle.

Penalties for Possessing Stolen Property in the First Degree in Washington:

Possession of stolen property in the first degree is a class B felony, which RCW §9A.20.021 defines as punishable by a maximum sentence of ten years in prison, a maximum fine of $20,000, or both.

Possessing Stolen Property in the Second Degree:

According to RCW §9A.56.160, a person may be charged with possessing stolen property in the second degree if a person possesses stolen property, as defined above, and

1. The stolen property exceeds $750 in value, but does not exceed $5,000 (and is not a firearm or motor vehicle); or
2. The stolen property is a public record, writing or instrument kept, filed, or deposited according law; or
3. The stolen property is an access device.

Penalties for Possessing Stolen Property in the Second Degree in Washington:

Possession of stolen property in the second degree is a class C felony, which RCW §9A.20.021 defines as punishable by a maximum sentence of five years in prison, a maximum fine of $10,000, or both.