Del. P.J.I. Crim. No. 11.851

RECEIVING STOLEN PROPERTY

In order to find Defendant guilty of Receiving Stolen Property, you must find

the State has proved the following four (4) elements beyond a reasonable doubt:

(1) Defendant received, retained, or disposed of property of another person;

(2) Defendant deprived the person of the property;

(3) Defendant knew or believed that the property had been acquired under

circumstances amounting to theft; and

(4) Defendant acted intentionally.

[The State contends that the value of the property is $1,500 or more. Therefore,

in order to find Defendant guilty, you must find beyond a reasonable doubt the value

of the property is $1,500 or more.

“Value” means the market value of the property at the time and place of the

crime, or if that cannot be easily determined, the cost of replacing the property within a

reasonable time after the crime occurred.]

“Intentionally” means it was Defendant's conscious objective or purpose to

receive, retain, or dispose of another person’s property.

“Knew” means Defendant was aware the property was acquired by theft or

Defendant believed it was practically certain the property was acquired by theft.

You may presume that the Defendant had knowledge that the property had been

acquired by theft, if Defendant bought property at a price Defendant knew was

substantially below its reasonable value, or if Defendant possessed property where

the affixed identification or serial number was altered, removed, defaced or falsified.

"Deprive" means to exercise control over property, or to withhold someone

else’s property, permanently or for such an extended period of time so as to withhold a

major part of the property’s economic value.

“Theft” means a person takes, exercises control over, or obtains property of

another person intending to deprive that person of the property.