Proof of actual theft required in 2C:20-7 cases – State v. Hodde

Under N.J.S.A. 2C:20-7(a), in a theft by receiving stolen property prosecution, one of the elements the State must prove is that the defendant received movable property of another knowing it had been stolen or believing that it was probably stolen.

Is it also necessary for the State to prove beyond a reasonable doubt that the subject property was, in fact, actually stolen property?

This issue was decided by the New Jersey Supreme Court this morning. The Justices ruled 6 to 0 that the State must prove an additional element in 2C:20-7 cases that the property in question was actually stolen.

Download a copy of State v. Hodde

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