Finding a bargain can feel like good luck. But what if the item turns out to be stolen? Many people wonder whether they could face criminal charges even if they did not steal the property themselves. In Texas, criminal liability generally depends on whether a person actually knew the property was stolen when accepting or keeping it.
What receiving stolen property means
Texas does not recognize a separate offense called “receiving stolen property.” Instead, Tex. Penal Code § 31.03 allows prosecutors to pursue a theft charge when a person unlawfully appropriates property knowing another person stole it. Possessing stolen property alone does not support a conviction. Prosecutors must prove that the person actually knew the property was stolen when the person appropriated it.
Intent plays a central role in these cases, so the specific facts often determine the outcome.
Facts that may be matter
Investigators examine the surrounding circumstances to determine whether evidence shows that a person knew property was stolen. They may consider factors such as:
- Buying expensive items for a price far below their usual value
- Purchasing goods in unusual or suspicious locations
- Accepting property with altered or missing serial numbers
- Keeping property after learning someone reported it as stolen
These facts do not establish guilt on their own. Investigators evaluate receipts, communications, witness statements and other evidence alongside these facts to determine whether prosecutors can prove the required mental state.
How investigators build a case
The value and type of the property determine the level of a theft charge and the potential penalties under Texas law. During an investigation, law enforcement reviews receipts, text messages, surveillance footage and witness statements to determine whether the evidence shows that the person knew the property was stolen.
Receiving stolen property allegations require careful review of the facts. Prosecutors must prove every element of the offense beyond a reasonable doubt, including that the person actually knew the property was stolen.
