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South Carolina INTERSTATE TRANSPORTATION OF STOLEN PROPERTY

State:
South Carolina
Control #:
SC-FEDDC-JURY-18-2314
Format:
Rich Text
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/

South Carolina Interstate Transportation of Stolen Property is a criminal offense committed when an individual transports stolen property across state lines. This can include vehicles, personal items, and other valuable items that were taken without the consent of the owner. In South Carolina, this offense is classified as a felony and is punishable by imprisonment and/or substantial fines. There are two different types of South Carolina Interstate Transportation of Stolen Property: actual and constructive. Actual transportation occurs when a person physically moves stolen property across state lines. Constructive transportation occurs when a person helps to arrange or facilitate the transportation of stolen property across state lines. Both offenses carry the same penalties.

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FAQ

18 U.S. Code § 2314 - Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting. Shall be fined under this title or imprisoned not more than ten years, or both.

The National Stolen Property Act of 1934 (NSPA) (18 U.S.C. §§ 2314 et seq.) prohibits the transportation in interstate or foreign commerce of any goods with a value of $5,000 or more with the knowledge that they were illegally obtained, and prohibits the "fencing" of such goods.

If the value of the vehicle is greater than $10,000, it carries a potential sentence of up to ten years in prison; If the value of the vehicle is more than two thousand dollars but less than ten thousand dollars, it carries a potential sentence of up to five years in prison; and.

The defendant must either know or actually believe the property is stolen. The defendant must, at the time defendant receives the stolen property, have the specified intent to permanently deprive the owner of that property.

§ 2314 are that the defendant: (1) unlawfully transported or caused to be transported in interstate or foreign commerce; (2) goods, wares, merchandise, securities, or money having a value of $5,000 or more which are stolen, converted or taken by fraud; and (3) knowing the same to be stolen, converted or taken by fraud.

Elements of the crime of receipt of stolen property: 1) receiving possession and control, 2) of "stolen" personal property, 3)known to have been obtained in a manner constituting a criminal offense, 4) by another person, 5) with the intent to permanently deprive the owner of his interest in the property.

In most states, the statute that defines the requirements to prove the crime of receipt of stolen property consists of four elements: 1) the receipt of property that 2) was previously stolen, and the property was received by an individual who 3) knew that the property was stolen and 4) intended to permanently deprive

The elements of crime are : (a) the goods ; (b) must be found in possession; (c) there must be a reasonable suspicion that the goods have been stolen, and (d) the suspect must be unable to give a satisfactory explanation of the possession. 1. The goods. A property must be a property capable of being stolen.

More info

If you're found guilty, the sentence for interstate transportation of stolen property is a fine, or up to ten years in prison, or both. Shall be fined under this title or imprisoned not more than ten years, or both.1858. Interstate Transportation Of Stolen Property -- 18 U.S.C. 2314. Transportation of stolen vehicles. Edit, sign, and share Jury Instruction - Interstate Transportation Of Stolen Property - First Paragraph online. 97 in stolen items and damage to their property. The Supreme Court granted certiorari only as to Dowling's convictions for interstate transportation of stolen property. Federal law strictly prohibits the interstate sale of stolen property. PENSACOLA Mark Joshua Mitchell, 39, of Destin, pled guilty Thursday to seven counts of interstate transportation of stolen property.

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South Carolina INTERSTATE TRANSPORTATION OF STOLEN PROPERTY