(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.
(b) If a person:
(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or
(2) Possesses goods or property which have been recently stolen; or
(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.
(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
(Acts 1977, No. 607, p. 812, §3240; Acts 1979, No. 79-664, p. 1163, §1.)
Notes of Decisions
Cited in
49
cases (
2 in the last 5 years), 1982–2025 · leading case:
Ashurst v. State, 462 So. 2d 999 (Ala. Crim. App. 1984).
Ashurst v. State, 462 So. 2d 999 (Ala. Crim. App. 1984).
· cites it 13× “The offense of receiving stolen property is defined by Alabama Code 1975, § 13A-8-16: "(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to…”
Ex Parte Walls, 711 So. 2d 490 (Ala. 1997).
· cites it 9× “Tony Alan Walls was indicted for the crime of receiving stolen property, § 13A-8-16, Ala.Code 1975. At trial, the jury was charged on receiving stolen property in the first, second, and third degrees.”
Smith v. State, 739 So. 2d 545 (Ala. Crim. App. 1999).
· cites it 12× “In Nielsen , the Supreme Court further stated that when the legislature enacts a new law, it is presumed to know the existing law so that, for example, in the case of § 13A-8-16, Ala.Code 1975, if the legislature intended that the three prohibited courses of conduct set out in…”
Ex Parte Howard, 710 So. 2d 460 (Ala. 1997).
· cites it 4× “*463 A person is guilty of receiving stolen property, under Ala.Code 1975, § 13A-8-16, if that person "intentionally receives, retains or disposes of stolen property knowing that it has been stolen" and does so with the intent to permanently deprive the true owner of possession…”
Thompson v. State, 525 So. 2d 820 (Ala. 1985).
· cites it 2× “See Ala.Code § 13A-8-16 (1975)." Id. The problem presented in Carter , whether the prior conviction was for conduct which would be classified as a felony under Alabama law, is not present here, because unquestionably the prior convictions here were for conduct proscribed as…”
Smith v. State, 557 So. 2d 1322 (Ala. Crim. App. 1989).
· cites it 4× “The crime of receiving stolen property in the first degree consists of intentionally receiving, retaining, or disposing of stolen property which exceeds $1,000 in value, "knowing that it has been stolen or having reasonable grounds to believe it has been stolen.”
Cardiel, 25 I. & N. Dec. 12 (BIA 2009).
· cites it 2× “11 See Ala. Code § 13A-8-16 (1994); Del. Code Ann.”
Watts v. State, 435 So. 2d 129 (Ala. Crim. App. 1982).
· cites it 8× “See also Alabama Code § 13A-8-16 (Supp.1977) (Commentary).”
Walker v. State, 896 So. 2d 712 (Fla. 2005).
“See Ala.Code § 13A-8-16 (2003); Ariz.Rev.Stat.”
Skinner v. State, 987 So. 2d 1172 (Ala. Crim. App. 2006).
““(a) Receiving stolen property: “(1) Which exceeds $100 in value but does not exceed $1,000 in value; or *1177 “(2) Of any value under the circumstances described in subdivision (b)(3) of section 13A-8-16; [constitutes receiving stolen property in the second degree.”
J.W.B. v. State, 651 So. 2d 73 (Ala. Crim. App. 1994).
· cites it 3× “” Ala.Code 1975, § 13A-8-16(a). “If a person .”
— Ala. Code § 13A-8-16(a) — 24 cases
Smith v. State, 557 So. 2d 1322 (Ala. Crim. App. 1989).
“The crime of receiving stolen property in the first degree consists of intentionally receiving, retaining, or disposing of stolen property which exceeds $1,000 in value, "knowing that it has been stolen or having reasonable grounds to believe it has been stolen.”
Ex Parte Walls, 711 So. 2d 490 (Ala. 1997).
“Tony Alan Walls was indicted for the crime of receiving stolen property, § 13A-8-16, Ala.Code 1975. At trial, the jury was charged on receiving stolen property in the first, second, and third degrees.”
Smith v. State, 739 So. 2d 545 (Ala. Crim. App. 1999).
“In Nielsen , the Supreme Court further stated that when the legislature enacts a new law, it is presumed to know the existing law so that, for example, in the case of § 13A-8-16, Ala.Code 1975, if the legislature intended that the three prohibited courses of conduct set out in…”
J.W.B. v. State, 651 So. 2d 73 (Ala. Crim. App. 1994).
“” Ala.Code 1975, § 13A-8-16(a). “If a person .”
— Ala. Code § 13A-8-16(b) — 11 cases
Ashurst v. State, 462 So. 2d 999 (Ala. Crim. App. 1984).
“The offense of receiving stolen property is defined by Alabama Code 1975, § 13A-8-16: "(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to…”
Smith v. State, 557 So. 2d 1322 (Ala. Crim. App. 1989).
“The crime of receiving stolen property in the first degree consists of intentionally receiving, retaining, or disposing of stolen property which exceeds $1,000 in value, "knowing that it has been stolen or having reasonable grounds to believe it has been stolen.”
— Ala. Code § 13A-8-16(b)(1) — 1 case
Ashurst v. State, 462 So. 2d 999 (Ala. Crim. App. 1984).
“The offense of receiving stolen property is defined by Alabama Code 1975, § 13A-8-16: "(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to…”
— Ala. Code § 13A-8-16(b)(2) — 4 cases
— Ala. Code § 13A-8-16(b)(3) — 2 cases
Ashurst v. State, 462 So. 2d 999 (Ala. Crim. App. 1984).
“The offense of receiving stolen property is defined by Alabama Code 1975, § 13A-8-16: "(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to…”
Watts v. State, 435 So. 2d 129 (Ala. Crim. App. 1982).
“See also Alabama Code § 13A-8-16 (Supp.1977) (Commentary).”
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