PL 165.45 Cr. poss. stolen prop. 4th degree Class E felony Link to CJI2d
§ 165.45 Criminal possession of stolen property in the fourth degree.
  A  person  is  guilty of criminal possession of stolen property in the
fourth degree when he knowingly possesses stolen property,  with  intent
to  benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when:
  1.  The value of the property exceeds one thousand dollars; or
  2.  The  property  consists  of  a  credit  card, debit card or public
benefit card; or
  3.   He  is  a collateral loan broker or is in the business of buying,
selling or otherwise dealing in property; or
  4.   The  property  consists  of  one  or  more  firearms,  rifles and
shotguns, as such terms are defined in section 265.00 of  this  chapter;
or
  5.  The  value  of  the  property  exceeds one hundred dollars and the
property consists of a motor vehicle, as defined in section one  hundred
twenty-five  of the vehicle and traffic law, other than a motorcycle, as
defined in section one hundred twenty-three of such law; or
  6.  The  property  consists of a scroll, religious vestment, vessel or
other item of property having a value of at least  one  hundred  dollars
kept for or used in connection with religious worship in any building or
structure  used  as  a  place  of  religious  worship  by  a   religious
corporation, as incorporated under the religious corporations law or the
education law.
  Criminal possession of stolen property in the fourth degree is a class
E felony.
.
Subdivision Elements Lesser included offenses
PL 165.45(1)
  • knowingly possesses stolen property
  • intent to benefit self or impede recovery
  • value over $ 1,000

LIO

PL 165.45(2)
  • knowingly possesses stolen property
  • credit, debit or pub.bene. card
  • intent to benefit self or impede recovery

LIO

PL 165.45(3)
  • knowingly possesses stolen property
  • intent to benefit self or impede recovery
  • defendant dealer in property

LIO

PL 165.45(4)
  • knowingly possesses stolen firearm
  • intent to benefit self or impede recovery

LIO

PL 165.45(5)
  • knowingly possesses stolen property
  • intent to benefit self or impede recovery
  • value over $ 100
  • motor vehicle

LIO

PL 165.45(6)
  • knowingly possesses stolen property
  • intent to benefit self or impede recovery
  • value over $ 100
  • religious article

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by