Is impossibility a defense to receipt of stolen property in New York?

Is impossibility a defense to receipt of stolen property in New York?

• A. Yes
• B. No
• C. Sometimes
• D. Only if value under $1000

Answer: (B)

Impossibility doesn’t excuse someone for receiving stolen property because this is a completed crime, not an attempt. In New York, liability for receiving stolen property hinges on two elements: that you received property that has been stolen, and that you knew or had reason to know it was stolen. If the property is in fact stolen and you know it’s stolen, you’re guilty when you receive it. If you don’t know it’s stolen, you may not be guilty. The impossibility defense addresses situations where the crime couldn’t have been completed due to the facts, which is relevant to attempts, not to a completed receipt of stolen property. So the only real defenses here are lack of knowledge or lack of receipt, not impossibility.

Impossibility doesn’t excuse someone for receiving stolen property because this is a completed crime, not an attempt. In New York, liability for receiving stolen property hinges on two elements: that you received property that has been stolen, and that you knew or had reason to know it was stolen. If the property is in fact stolen and you know it’s stolen, you’re guilty when you receive it. If you don’t know it’s stolen, you may not be guilty. The impossibility defense addresses situations where the crime couldn’t have been completed due to the facts, which is relevant to attempts, not to a completed receipt of stolen property. So the only real defenses here are lack of knowledge or lack of receipt, not impossibility.