Theft by receiving

(a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person: (1) Knowing that the property was stolen; or (2) Having good reason to believe the property was stolen. (b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property. (c) The following give rise to a presumption that a person knows or believes that property was stolen: (1) The unexplained possession or control by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value. (d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property. (e) Theft by receiving is a: (1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (4) Class A misdemeanor if otherwise committed. (f) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the stolen property was nonferrous metal, as it is defined in § 17-44-101 . Amended by Act 2013, No. 1354,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 548,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2206; 1977, No. 360, § 10; 1983, No. 719, § 3; A.S.A. 1947, § 41-2206; Acts 1997, No. 303, § 1; 1997, No. 516, § 3; 2003, No. 838, § 3; 2011, No. 570, § 25.

(a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person: (1) Knowing that the property was stolen; or (2) Having good reason to believe the property was stolen.

(1) Knowing that the property was stolen; or

(2) Having good reason to believe the property was stolen.

(b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property.

(c) The following give rise to a presumption that a person knows or believes that property was stolen: (1) The unexplained possession or control by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(1) The unexplained possession or control by the person of recently stolen property; or

(2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property.

by the person of recently stolen property; or

(2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property.

(e) Theft by receiving is a: (1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (4) Class A misdemeanor if otherwise committed.

(1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more;

(2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;

(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or

(B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;

(3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or

(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);

(B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or

(i) Credit card or credit card account number;

(ii) Debit card or debit card account number; or

(iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or

(4) Class A misdemeanor if otherwise committed.

(f) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the stolen property was nonferrous metal, as it is defined in § 17-44-101 .

Amended by Act 2013, No. 1354,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 548,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2206; 1977, No. 360, § 10; 1983, No. 719, § 3; A.S.A. 1947, § 41-2206; Acts 1997, No. 303, § 1; 1997, No. 516, § 3; 2003, No. 838, § 3; 2011, No. 570, § 25.