Dealing in stolen property is a theft crime. Florida Statute Section 812.019 defines dealing in stolen property states that:
(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
This statute makes it a second-degree felony (15 years maximum prison sentence) to deal in stolen property. That means that if you knowingly obtain a stolen item and attempt to sell it, you can be found guilty. It doesn't matter the value of the stolen property.
If the police and prosecutors believe that you have organized or managed the dealing in stolen property, you should face a maximum of 30 years in prison.
Dealing in stolen property can accompany other theft-related charges, such as burglary (if you try to sell items stolen from a home or business) or grand theft auto (if you try to sell a stolen car).
Now remember - the State of Florida must be able to prove that you knew the property was stolen when you sold it or attempted to sell it. The statutory language says that the accused "knows or should know" that the property was stolen. That means that there must be evidence that the accused knew or should have had reason to believe that the property was stolen.
Now if you know that a friend took property in a burglary and then you take that property to a pawn shop, there is evidence of knowledge of the stolen nature of the property.
However, if you are given a gift and decide to sell that gift online and the gift turns out to be stolen, you cannot be found guilty under this section because there is no proof of knowledge.
Dealing in stolen property is a serious crime that is rarely charged by itself. A number of serious felony charges can and often do accompany this offense. If you need a criminal defense attorney in the Miami-Dade or Broward area for a dealing in stolen property charge, call me to discuss the facts of your case.