On Thu, 25 Jul 1996, Timothy C. May wrote:
I am not a lawyer, but I've virtually certain that "receiving stolen property" laws involve terms like "knowingly" and/or "conspiracy." That is, "scienter."
While "ignorance of the law is no excuse" is certainly true in many cases, the law comprehends the reality that certain actions are not crimes if no knowledge of a criminal act was involved. (Sorry if this is not phrased more clearly.)
Thus, the guy who buys a bicycle that later turns out to have been stolen, will usually lose the bicycle, but is not knowingly receiving stolen property and hence is guilty of no crime. And no DA will charge him; the courts and jails are already clogged up enough. Of course, if he _knew_ the bicycle was stolen (e.g., he "placed an order" to have one stolen, a market which actually exists in some places, usually for cars), then "scienter" has been met, and perhaps "conspiracy," and so prosecution is more likely.
Unless the point is not to prosecute, but to harass. Petro, Christopher C. petro@suba.com <prefered for any non-list stuff> snow@smoke.suba.com