CONCEALING STOLEN PROPERTY - ELEMENTS
No person may be convicted of concealing stolen property unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, stolen/embezzled/(fraudulently/feloniously obtained) personal property;
Third, from the owner/(person having possessory rights);
Fourth, (known/believed by the defendant)/(that the defendant reasonably should have known/believed) to have been stolen/embezzled/ (fraudulently/feloniously obtained);
Fifth, with the intent to deprive permanently.
Statutory Authority: 21 O.S. 1991, § 1713.
Except for the first element and the additional element, designated as the third element, the crimes of receiving stolen property and concealing stolen property have identical elements.
The first element sets forth the distinctive conduct prohibited by the concealing-stolen-property crime. Because the conduct of concealment is sufficiently distinct from the conduct of acquisition of the property, a thief can be charged and convicted of both the theft crime and the concealing stolen property crime. Walls v. State, 491 P.2d 320 (Okl. Cr. 1971). It should be remembered that a thief cannot be charged with the crimes of receiving stolen property and for stealing the same property. Concealing stolen property was not meant primarily, however, to provide criminal sanctions against the thief. Concealing stolen property was intended to cover two situations that would not otherwise be covered by the receiving-stolen-property crime. First, a person receives property without knowledge that the property is stolen. The person later learns that the property is stolen, but, rather than return the property, the person conceals the property from the owner or rightful possessor. See W. LaFave & A. Scott, Criminal Law § 93, at 684 (1972). Second, a thief retains possession of the stolen property, but another person aids the thief by concealing the property and thereby prevents recovery of the property. See R. Perkins, Criminal Law 324 (2d ed. 1969).
The third element indicates, in accordance with the statutory language, that the crime of concealing stolen property is committed only if the property is concealed from the owner or from a person having possessory rights in the property. No comparable element exists in the receiving-stolen-property crime.