Stolen Property Charges

In New York all stolen property charges are criminal offenses. They are either misdemeanor charges or felony charges depending on a variety of factors, including the value of the stolen property involved. The most common stolen property charge is Criminal Possession of Stolen Property in the Fifth Degree. This is also the least serious, designated an “A” misdemeanor.  Below are the different types of stolen property charges provided under New York Law.

Criminal Possession of Stolen Property in the Fifth Degree (S 165.40)
A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

Criminal possession of stolen property in the fifth degree is a class A misdemeanor.

Criminal Possession of Stolen Property in the Fourth Degree (S 165.45)
A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when:

1. The value of the property exceeds one thousand dollars; or
2. The property consists of a credit card, debit card or public benefit card; or
3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or
4. The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or
5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person  intends  to  use, such   anhydrous   ammonia  or  liquified  ammonia  gas  to  manufacture methamphetamine.

Criminal possession of stolen property in the fourth degree is a class E felony.

Criminal Possession of Stolen Property in the Third Degree (S 165.50)
A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars.

Criminal possession of stolen property in the third degree is a class D felony.

Criminal Possession of Stolen Property in the Second Degree (S 165.52)
A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

Criminal possession of stolen property in the second degree is a class C felony.

Criminal Possession of Stolen Property in the First Degree (S 165.54)
A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars.

Criminal possession of stolen property in the first degree is a class B felony.