A person commits the criminal offense of receiving stolen property if the person buys or receives any property knowing that it has been stolen. Laws regarding receiving stolen property vary from state to state and some states also make it a crime to receive property obtained by extortion, or to conceal, sell, withhold, or aid in concealing, selling, or withholding any property from the owner, knowing the property was stolen or obtained by extortion, for example.
The criminal offense of receiving stolen property may be charged as a misdemeanor or as a felony in many states (a wobbler offense)—usually depending on the value of the stolen property.
Laws regarding receiving stolen property are generally located in a state’s statutes—often in the penal or criminal code.
In South Dakota, the offense of receiving stolen property is addressed under South Dakota Codified Laws (SDCL). According to SDCL § 22-30A-7, a person is guilty of theft if they receive, retain, or dispose of stolen property knowing that it was stolen, or believing that it was probably stolen, unless the property is received, retained, or disposed with intent to restore it to the owner. The severity of the charge, whether misdemeanor or felony, typically depends on the value of the property received. If the value of the property is $400 or less, it is considered petty theft in the second degree, which is a Class 2 misdemeanor. If the value exceeds $400, the offense can be charged as grand theft, which is a felony, and the classification ranges from Class 6 to Class 2 felony, depending on the value of the property. Additionally, South Dakota law also addresses the crime of possession of property with altered serial numbers, which can be related to receiving stolen property, under SDCL § 22-30A-17.