Fill and Sign the Instruction Sale 497334314 Form

378 69 Sale Or Receipt Of Stolen Property 18 USC § 2315 (First Paragraph) Title 18, United States Code, Section 2315, makes it a Federal crime or offense for anyone to knowingly [receive] [possess] [conceal] [dispose of] stolen property which has a value of $5,000 or more and which has crossed a State or United States boundary after being stolen, taken or unlawfully converted. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant [received] [possessed] [concealed] [stored] [disposed of] items of stolen property as described in the indictment; Second: That such items had crossed a State or United States boundary after having been stolen, unlawfully converted, or unlawfully taken; Third: That the Defendant knew the property had been stolen, unlawfully converted or taken; and Fourth: That such items had a value in excess of $5,000. The indictment alleges that the Defendant received, possessed, concealed, stored, sold and disposed of certain stolen property. The law specifies these several different ways in which an offense can be committed, and it is not necessary for the Government to prove that all of those acts were in fact committed. The Government must prove beyond a reasonable doubt that the Defendant either received, possessed, concealed, stored, sold or disposed of the stolen property; and, in order to return a verdict of guilt you must agree unanimously upon the way in which the offense was committed. Also, in order to commit the offense charged, a Defendant must know that the property had been stolen, but the Defendant need not know that it had crossed a State or United States boundary after being stolen. The term "State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. The word "value" means the face, par, or market value, or cost price, either wholesale or retail, whichever is greater. ANNOTATIONS AND COMMENTS 18 USC § 23 15 (first paragraph) provides: Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, merchandise, securities or money of the value of $5,000 or more, . . . which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, the same to have been stolen, unlawfully convert ed, or taken [shall be guilty of an offense against the United States]. Maximum Penalty: Ten (10) years imprisonment and applicable fine. See United States v. King, 87 F.3d 1255, 1256 (11th Cir. 1 996) reciting the elements of t he offense as stated in this inst ruction.