Elements of the Offense
To secure a conviction for Larceny By Receiving Stolen Goods in Virginia, the Commonwealth must prove that: (1) the goods were previously stolen from another person, (2) the defendant bought or received the goods with dishonest intent, (3) the defendant knew they had been stolen at the time he received them, and (4) the goods had some value.
If the government can prove that the goods were valued at $200 or more, the defendant will be convicted of the felony offense of grand larceny. Otherwise, the defendant will be convicted of the misdemeanor offense of petit larceny.
The Commonwealth can use circumstantial evidence to prove that the defendant knew the goods were stolen. Evidence that the property was obtained at less than true value, standing alone, is not enough to prove the defendant’s knowledge. Proof that the defendant was in exclusive possession of the recently stolen goods, not explained by other evidence, can be used to infer that the defendant received the goods with knowledge that they were stolen and that he received them with dishonest intent. Virginia Criminal Code § 18.2-108, Virginia Criminal Code § 18.2-95, Virginia Criminal Code § 18.2-96.
The penalty for a first-time conviction of Grand Larceny By Receiving Stolen Goods is imprisonment of one to 20 years in the state correctional facility, confinement in jail for up to 12 months, and/or a fine of up to $2,500. The offense is punishable as a misdemeanor by a maximum 12 months in jail and/or a fine of up to $2,500. Virginia Criminal Code § 18.2-108.