For the offense of theft by possession of stolen property, the prosecution must establish the culpable mental state that the party knew the stolen nature of the property
What are the pros and cons of the law being altered to require only that the individual receiving the property was reckless about whether the property was stolen?
Answers will vary but students might note as follows:
PRO
• A lesser culpable mental state would be easier to prove in court.
• Citizens would be more cautious in purchasing items of questionable origin thereby deterring thefts.
• Citizens might demand receipts and bills of sale in the purchase of used items thereby making thieves more cautious in stealing and reselling property.
CON
• Use of legal presumptions as is currently done is better approach as they reach the primary traffickers in stolen goods.
• Commerce would be discouraged if an individual feared criminal prosecution if a good bargain turned out to involve stolen property.
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