Receiving Stolen Property (RSP) in D.C.

It is against the law in Washington, D.C. to buy, receive, possess, or obtain control of property that you either know or should know is stolen.  D.C. Code § 22-3232.

Below are answers to frequently asked questions about this criminal offense:

What are the elements of receiving stolen property?
What are the potential defenses to receiving stolen property?
What are the penalties for receiving stolen property?
Do I need a lawyer?

What are the elements of receiving stolen property?

In order to secure a conviction for receiving stolen property, the government must prove three different elements of the offense.

1.  Was the property stolen by someone or, if the property had not been stolen, did the defendant believe it had been stolen?

Property is defined as anything of value.  

2.  Did the defendant buy, receive, obtain control or possess the stolen property?

Although three of the words/phrases – buy, receive and obtain control – are limited to the moment of acquisition, the term “possession” refers to a continuing process.  For example, if you stole property in Maryland and then brought the property to D.C., you could be charged with possessing stolen property in both Maryland and the District.  Lucas v. United States, __ A.3d __ (D.C. 2023).

3.  Did the person know or have reason to believe that the property was stolen?

The mental state for receiving stolen property is a subjective one.  In other words, the question is whether this particular defendant knew or should have known that he/she possessed the property without the owner’s consent.  Owens v. United States, 90 A.3d 1118 (D.C. 2014). 

Because there is rarely direct proof of the defendant’s state of mind, the finder of fact is allowed to draw reasonable inferences based on the defendant’s knowledge and circumstances of the case.  Id. 

The defendant’s guilty knowledge that property was stolen may be inferred from the great disparity between the market price of the goods and the alleged price the defendant paid for them.  Payne v. United States, 171 A.2d 509 (D.C. 1961). 

What are the potential defenses for receiving stolen property?

It is a defense if you did not know the property was stolen and you had no reason to do so.  It is also a defense if you possessed the property by mistake or accident.

It is NOT a defense if you engaged in conduct which would constitute a crime if the property was NOT stolen but you believed it to be. 

What are the penalties for receiving stolen property?

Receiving stolen property is a felony offense if the value of the stolen property is $1,000 or more.  In that case, the penalty is a maximum fine of $25,000 and/or imprisonment for up to 7 years.  It is a misdemeanor offense if the value of the stolen property is less than $1000.  In that case, the penalty is a maximum fine of $1,000 and/or imprisonment of up to 180 days.  D.C. Criminal Code 22-3232.

Do I need a lawyer?

You have an absolute right to defend yourself in a criminal matter.  That said, D.C. Superior Court judges will make it very difficult for you to do so – and, given the stakes involved, for good reason.