5.09.080 - Receiving stolen property.

A.

A Person commits theft if he receives, retains or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, or who conceals, sells, withholds or aids in concealing, selling or withholding any such property from the owner, knowing the property to be stolen, with a purpose to deprive the owner thereof.

B.

The knowledge or belief required for Subsection (A) of this Section is presumed in the case of an actor who:

1.

Is found in possession or control of other property stolen on a separate occasion; or

2.

Has received other stolen property within the year preceding the receiving offense charged; or

3.

Being a dealer in property of the sort received, retained or disposed, acquires it for a consideration which he knows is far below its reasonable value; or

4.

Is a pawnbroker or Person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee or representative of the pawnbroker or Person who buys, receives or obtains property and fails to require the seller or person delivering the property to certify, in writing, that he has the legal rights to sell the property. If the value given for the property exceeds twenty dollars ($20.00) the pawnbroker or Person shall also require the seller or person delivering the property to obtain a legible print, preferably the right thumb, at the bottom of the certificate next to his signature and at least one other positive form of identification.

a.

Every pawnbroker or Person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, and every agent, employee or representative of the pawnbroker or person who fails to comply with the requirements of Subsection (B)(4) of this Section shall be presumed to have bought, received or obtained the property knowing it to have been stolen or unlawfully obtained. This presumption may be rebutted by proof.

b.

When in a prosecution under this Section it appears from the evidence that the defendant was a pawnbroker or a Person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or was an agent, employee, or representative of a pawnbroker or person, that the defendant bought, received, concealed or withheld the property without requiring the person from whom he bought, received, or obtained the property to sign the certificate required in Subsection (B)(4) of this Section and in the event the transaction involves an amount exceeding twenty dollars ($20.00) also places his legible print, preferably the right thumb, on the certificate, then the burden shall be upon the defendant to show that the property bought, received or obtained was not stolen.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)