if some one steals something then gives it to you are you held liable?

Question

Say for example you mother gives you money for rent or some one else close to you that you trust then after spending the money you find out that person stole it. If you did not know that it was stolen can you be held liable and have to pay them back or would it be the person that stole it not the person that spent it? What would happen to the person who spent the money but not stole it?

and the person responsible for stealing the money confesses to everything

and yes I just looked up the words receiving stolen property and the law states KNOWING or BELIEVING "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 has probably been stolen, with a purpose to deprive the owner thereof.

ok maybe you people do not know how to read let me see if I can make it any clearer. your mother gives you say 1500 for rent then say a month later you find out she's going to court for the money she gave you at which point you find out it was stolen. Now having NO knowledge that the money is stolen can they make you pay them back even though you did not steal it and had no idea it was stolen?

ok maybe you people do not know how to read let me see if I can make it any clearer. your mother gives you say 1500 for rent then say a month later you find out she's going to court for the money she gave you at which point you find out it was stolen. Now having NO knowledge that the money is stolen can they make you pay them back even though you did not steal it and had no idea it was stolen?

Answer 1

There are two major issues here:
1. Could you be criminally liable.
2. Could you be required to pay the money back.
In order to be criminally liable there would have to be intent on your part. Did you know or should you have known the money was stolen.

Whether you would have to pay the money back is a more complex question. Generally if one gives fair value in exchange for stolen money they do not have to return it. This is factually sensitive because it was your mother.

I am assuming this is a hypothetical case here. Otherwise, see a lawyer.

Answer 2

No, not of you didn't know at first that it was stolen. However, after you learn that is is stolen, it is only right that you tell the person that stole it that they did wrong and that if you knew it was stolen you would not have accepted it. It would be the person who stole the money to be decent enough to pay it back and admit their wrong doing. Also if you are feeling guilty for spending it, you do have a choice if you want to give the money back to the person who gave it to you. No one can make you give it back since you didn't steal it in the first place. They have no way of proving you even received the cash unless it was giving to you in the form of a check or other.

Answer 3

In general, if somebody steals an item of tangible personal property and gives it to you, you have received stolen goods and must give it back. It is a unique item and belongs to another person. You can be criminally liable for "receiving stolen goods."

Money, however, is like a fungible kind of property. One does not know the source and it becomes commingled. If your mother gives you money for rent, you do not know whether it came out of her savings account or out of the money she stole in the hypothetical you presented.

If the person who stole the money was actually convicted of stealing the money, or if the person entered a plea bargain, and it became a known fact that she stole the money to give to me to pay rent, I would feel morally obligated to pay it back even if it was spent. I guess it is part of my religious training.

Legally, as far as the person who spent the money is concerned, I do not think that person could be compelled to pay back the money, assuming that he did not know at the time he received the money that it was stolen. It would be the responsibility of the person who stole the money to make restitution.

Answer 4

You are not liable if the person confesses. You are liable if you receive the goods and knew it was stolen. As far as the stolen money? It depends if it's a Felony or Misdemeanor, He, the confessed person charged, if convicted, will be the one to pay back the money by restitution and abide by any sentencing that he/she receives from the Judge. The same applies to the stolen goods incident as well.

Answer 5

Bottom line is that receiving stolen property is against the law if you are aware it is stolen. If your Mother gives you stolen money you might be able to "shame her" into giving it back. If it was a large theft ($1000 or more) you may be legally compelled to report it to the police. Stealing is a crime. If you knowingly profit from a crime you are an accomplice.

Answer 6

Do the words 'Receiving Stolen Property' mean anything to you?

Answer 7

Yes it doesn't matter if you knew or not, it is classed as "in reciept of stolen goods". I have had this happen to me before, I was shopping with a friend, whilst I went to the loo, she went into a shop, we met up after and she passed me a bag with stuff in it and asked if I could put it in one of my bags, of course I didn't question her, and 5 mins later a security guard stopped me and took me back to the shop. Luckily my friend owned up to it and I didn't get into trouble.