Delaware Code

11 Del. C. § 851 (2026)

Receiving stolen property; class G felony; class A misdemeanor

✓ current as of May 2026

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A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing that it has been acquired under circumstances amounting to theft, or believing that it has been so acquired.

Receiving stolen property is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, or unless the receiver has twice before been convicted of receiving stolen property, in which case it is a class G felony.

11 Del. C. 1953, § 851; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 590, § 4; 65 Del. Laws, c. 497, § 5; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 211, § 6; 77 Del. Laws, c. 133, § 6;

Notes of Decisions

Cited in 4 cases, 1974–2018 · leading case: State v. Shahan, 335 A.2d 277 (Del. Super. Ct. 1975).

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State v. Shahan, 335 A.2d 277 (Del. Super. Ct. 1975). · cites it 4× “6 4 the language is substantially similar to that of 11 Del.C. § 851, with the exception that the Model Penal Code uses the phrase “[a] person is guilty of theft”, while § 851 5 uses the phrase “[a] person is guilty of receiving stolen property”.”

United States v. Leland, 376 F. Supp. 1193 (D. Del. 1974). “§ 841 makes theft of property valued at $100 or more a felony; and 11 Del.C. § 851 makes it a felony knowingly to receive stolen property valued at $100 or more.”

Lewis v. State (Del. 2018). “§ 811; and one count of Receiving Stolen Property (felony) under 11 Del. C. § 851. The various charges related to attempted burglary and burglary are alleged to have occurred on or about June 7, 2015, and on or between June 15 and June 16, 2015.”

Livingston v. United States, 35 F. Supp. 3d 628 (D. Del. 2014). “Code § 1442; (2) receiving stolen property, in violation of 11 Del.Code § 851; and (3) robbery, in violation of 11 Del.”

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