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| Florida Crimes of Dealing in Stolen Property Offenses |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
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The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only general
information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law Firm to
speak with an Winter Park criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only general
information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law Firm to
speak with an Winter Park criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
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Orlando Florida Criminal Lawyer - Dealing in Stolen Property:
Cases involving these offenses can have significant penalties. If you have been
arrested for a criminal offense involving dealing in stolen property you should
speak with an experienced criminal defense attorney at your earliest opportunity
to learn about your rights and the defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive..
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statutes on this page provides some information regarding Dealing in Stolen Property offenses:
Florida Statute 812.019 - Dealing in stolen property.
(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen
shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and
traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082,
775.083, and 775.084.
Florida Statute 812.0191 - Dealing in property paid for in whole or in part by the Medicaid program.
(1) As used in this section, the term:
(a) “Property paid for in whole or in part by the Medicaid program” means any devices, goods, services, drugs, or
any other property furnished or intended to be furnished to a recipient of benefits under the Medicaid program.
(b) “Value” means the amount billed to Medicaid for the property dispensed or the market value of the devices,
goods, services, or drugs at the time and place of the offense. If the market value cannot be determined, the term
means the replacement cost of the devices, goods, services, or drugs within a reasonable time after the offense.
(2) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should have known was
paid for in whole or in part by the Medicaid program commits a felony.
(a) If the value of the property involved is less than $20,000, the crime is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the property involved is $20,000 or more but less than $100,000, the crime is a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the value of the property involved is $100,000 or more, the crime is a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
The value of individual items of the devices, goods, services, drugs, or other property involved in distinct transactions
committed during a single scheme or course of conduct, whether involving a single person or several persons, may
be aggregated when determining the punishment for the offense.
(3) Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the obtaining of
property paid for in whole or in part by the Medicaid program and who traffics in, or endeavors to traffic in, such
property commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 812.0195 - Dealing in stolen property by use of the Internet.
Any person in this state who uses the Internet to sell or offer for sale any merchandise or other property that the
person knows, or has reasonable cause to believe, is stolen commits:
(1) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the value of the
property is less than $300; or
(2) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the
property is $300 or more.
Florida Statute 812.022 - Evidence of theft or dealing in stolen property.
(1) Proof that a person presented false identification, or identification not current with respect to name, address,
place of employment, or other material aspects, in connection with the leasing of personal property, or failed to return
leased property within 72 hours of the termination of the leasing agreement, unless satisfactorily explained, gives
rise to an inference that such property was obtained or is now used with intent to commit theft.
(2) Except as provided in subsection (5), proof of possession of property recently stolen, unless satisfactorily
explained, gives rise to an inference that the person in possession of the property knew or should have known that
the property had been stolen.
(3) Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless
satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have
known that the property had been stolen.
(4) Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or
without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an
inference that the person buying or selling the property knew or should have known that it had been stolen.
(5) Proof that a dealer who regularly deals in used property possesses stolen property upon which a name and
phone number of a person other than the offeror of the property are conspicuously displayed gives rise to an
inference that the dealer possessing the property knew or should have known that the property was stolen.
(a) If the name and phone number are for a business that rents property, the dealer avoids the inference by
contacting such business, prior to accepting the property, to verify that the property was not stolen from such
business. If the name and phone number are not for a business that rents property, the dealer avoids the inference
by contacting the local law enforcement agency in the jurisdiction where the dealer is located, prior to accepting the
property, to verify that the property has not been reported stolen. An accurate written record, which contains the
number called, the date and time of such call, and the name and place of employment of the person who verified that
the property was not stolen, is sufficient evidence to avoid the inference pursuant to this subsection.
(b) This subsection does not apply to:
1. Persons, entities, or transactions exempt from chapter 538.
2. Used sports equipment that does not contain a serial number, printed or recorded materials, computer software,
or videos or video games.
3. A dealer who implements, in a continuous and consistent manner, a program for identification and return of
stolen property that meets the following criteria:
a. When a dealer is offered property for pawn or purchase that contains conspicuous identifying information that
includes a name and phone number, or a dealer is offered property for pawn or purchase that contains ownership
information that is affixed to the property pursuant to a written agreement with a business entity or group of
associated business entities, the dealer will promptly contact the individual or company whose name is affixed to the
property by phone to confirm that the property has not been stolen. If the individual or business contacted indicates
that the property has been stolen, the dealer shall not accept the property.
b. If the dealer is unable to verify whether the property is stolen from the individual or business, and if the dealer
accepts the property that is later determined to have been stolen, the dealer will voluntarily return the property at no
cost and without the necessity of a replevin action, if the property owner files the appropriate theft reports with law
enforcement and enters into an agreement with the dealer to actively participate in the prosecution of the person or
persons who perpetrated the crime.
c. If a dealer is required by law to complete and submit a transaction form to law enforcement, the dealer shall
include all conspicuously displayed ownership information on the transaction form.
(6) Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor
vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless
satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or
should have known that the motor vehicle had been stolen.
Florida Statute 812.028 - Defenses precluded.
It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that:
(1) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was
employed.
(2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided.
(3) Property that was not stolen was offered for sale as stolen property.
(4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss.
812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an
ordinary law-abiding person to violate any provision of ss. 812.012-812.037.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Cases involving these offenses can have significant penalties. If you have been
arrested for a criminal offense involving dealing in stolen property you should
speak with an experienced criminal defense attorney at your earliest opportunity
to learn about your rights and the defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive..
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statutes on this page provides some information regarding Dealing in Stolen Property offenses:
Florida Statute 812.019 - Dealing in stolen property.
(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen
shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and
traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082,
775.083, and 775.084.
Florida Statute 812.0191 - Dealing in property paid for in whole or in part by the Medicaid program.
(1) As used in this section, the term:
(a) “Property paid for in whole or in part by the Medicaid program” means any devices, goods, services, drugs, or
any other property furnished or intended to be furnished to a recipient of benefits under the Medicaid program.
(b) “Value” means the amount billed to Medicaid for the property dispensed or the market value of the devices,
goods, services, or drugs at the time and place of the offense. If the market value cannot be determined, the term
means the replacement cost of the devices, goods, services, or drugs within a reasonable time after the offense.
(2) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should have known was
paid for in whole or in part by the Medicaid program commits a felony.
(a) If the value of the property involved is less than $20,000, the crime is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the property involved is $20,000 or more but less than $100,000, the crime is a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the value of the property involved is $100,000 or more, the crime is a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
The value of individual items of the devices, goods, services, drugs, or other property involved in distinct transactions
committed during a single scheme or course of conduct, whether involving a single person or several persons, may
be aggregated when determining the punishment for the offense.
(3) Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the obtaining of
property paid for in whole or in part by the Medicaid program and who traffics in, or endeavors to traffic in, such
property commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 812.0195 - Dealing in stolen property by use of the Internet.
Any person in this state who uses the Internet to sell or offer for sale any merchandise or other property that the
person knows, or has reasonable cause to believe, is stolen commits:
(1) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the value of the
property is less than $300; or
(2) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the
property is $300 or more.
Florida Statute 812.022 - Evidence of theft or dealing in stolen property.
(1) Proof that a person presented false identification, or identification not current with respect to name, address,
place of employment, or other material aspects, in connection with the leasing of personal property, or failed to return
leased property within 72 hours of the termination of the leasing agreement, unless satisfactorily explained, gives
rise to an inference that such property was obtained or is now used with intent to commit theft.
(2) Except as provided in subsection (5), proof of possession of property recently stolen, unless satisfactorily
explained, gives rise to an inference that the person in possession of the property knew or should have known that
the property had been stolen.
(3) Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless
satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have
known that the property had been stolen.
(4) Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or
without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an
inference that the person buying or selling the property knew or should have known that it had been stolen.
(5) Proof that a dealer who regularly deals in used property possesses stolen property upon which a name and
phone number of a person other than the offeror of the property are conspicuously displayed gives rise to an
inference that the dealer possessing the property knew or should have known that the property was stolen.
(a) If the name and phone number are for a business that rents property, the dealer avoids the inference by
contacting such business, prior to accepting the property, to verify that the property was not stolen from such
business. If the name and phone number are not for a business that rents property, the dealer avoids the inference
by contacting the local law enforcement agency in the jurisdiction where the dealer is located, prior to accepting the
property, to verify that the property has not been reported stolen. An accurate written record, which contains the
number called, the date and time of such call, and the name and place of employment of the person who verified that
the property was not stolen, is sufficient evidence to avoid the inference pursuant to this subsection.
(b) This subsection does not apply to:
1. Persons, entities, or transactions exempt from chapter 538.
2. Used sports equipment that does not contain a serial number, printed or recorded materials, computer software,
or videos or video games.
3. A dealer who implements, in a continuous and consistent manner, a program for identification and return of
stolen property that meets the following criteria:
a. When a dealer is offered property for pawn or purchase that contains conspicuous identifying information that
includes a name and phone number, or a dealer is offered property for pawn or purchase that contains ownership
information that is affixed to the property pursuant to a written agreement with a business entity or group of
associated business entities, the dealer will promptly contact the individual or company whose name is affixed to the
property by phone to confirm that the property has not been stolen. If the individual or business contacted indicates
that the property has been stolen, the dealer shall not accept the property.
b. If the dealer is unable to verify whether the property is stolen from the individual or business, and if the dealer
accepts the property that is later determined to have been stolen, the dealer will voluntarily return the property at no
cost and without the necessity of a replevin action, if the property owner files the appropriate theft reports with law
enforcement and enters into an agreement with the dealer to actively participate in the prosecution of the person or
persons who perpetrated the crime.
c. If a dealer is required by law to complete and submit a transaction form to law enforcement, the dealer shall
include all conspicuously displayed ownership information on the transaction form.
(6) Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor
vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless
satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or
should have known that the motor vehicle had been stolen.
Florida Statute 812.028 - Defenses precluded.
It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that:
(1) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was
employed.
(2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided.
(3) Property that was not stolen was offered for sale as stolen property.
(4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss.
812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an
ordinary law-abiding person to violate any provision of ss. 812.012-812.037.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
|
Orange County Florida Criminal Lawyer & Orlando DUI Attorney
| Call Today: (407) 648-5255 |
Orange County Florida Criminal Lawyer & Orlando DUI Lawyer -
| Call Today: (407) 648-5255 |
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