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  1. #19
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Unknowingly Pawning Stolen Property

    I would not go anywhere near that pawn shop. A defense to receiving stolen goods is that you did not know the property was stolen. Right now, OP has that working for him. Paying back the broker could be construed as knowing the property was stolen. If the serial number of the bike was altered who is to say who did it, OP or the friend or maybe someone else. This could get complicated very quickly.

    OP, shut up and stop posting and go get an attorney if your are charged with anything. This is not legal advise but is smart advise.


    BUYING OR RECEIVING STOLEN GOODS

    NRS 205.275  Offense involving stolen property: Definition; penalty; restitution; prima facie evidence; determination of value of property.

    1.  Except as otherwise provided in NRS 501.3765, a person commits an offense involving stolen property if the person, for his or her own gain or to prevent the owner from again possessing the owner’s property, buys, receives, possesses or withholds property:

    (a) Knowing that it is stolen property; or

    (b) Under such circumstances as should have caused a reasonable person to know that it is stolen property.

    2.  A person who commits an offense involving stolen property in violation of subsection 1:

    (a) If the value of the property is less than $650, is guilty of a misdemeanor;

    (b) If the value of the property is $650 or more but less than $3,500, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

    (c) If the value of the property is $3,500 or more or if the property is a firearm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

    3.  In addition to any other penalty, the court shall order the person to pay restitution.

    4.  A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.

    5.  Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

    6.  For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.

    7.  As used in this section, “stolen property” means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.

    [1911 C&P § 383; A 1951, 29]—(NRS A 1967, 502; 1971, 925; 1979, 561, 1445; 1989, 1434; 1995, 13, 1223, 1323; 1997, 344; 1999, 402; 2011, 166; 2013, 1003)

    NRS 205.290  Restoration of stolen property to owner.  All property obtained by larceny, robbery, burglary or embezzlement and found in the possession of the thief or embezzler thereof, or in the possession of any receiver or wrongful possessor of stolen property, shall be restored to the owner.

    [1911 C&P § 385; A 1935, 370; 1931 NCL § 10337]—(NRS A 1971, 926)

    NRS 205.295  Restoration of stolen property: Duties of officers.  The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it remains in the officer’s hands, and shall annex a schedule thereof to the return of the warrant. Whenever the district attorney shall require such property for use as evidence upon the examination or trial, such officer, upon the demand of the district attorney, shall deliver it to the district attorney and take a receipt therefor, after which such district attorney shall be answerable for the same.

    [1911 C&P § 386; RL § 6651; NCL § 10338]
    You may want to read about the value of the bike above and what the crime is. If this is an expensive bike, it's not going to be about the $75 OP got from the broker.

    And they have OP on receiving they don't need the thief (4 above) to convict.

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