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What Is Interstate Transportation of Stolen Property?
People sometimes transport stolen property to another state or country in an attempt to reduce the risk of detection and prosecution. For example, suppose someone steals a truckload of goods. Rather than waiting for the police to find the truck, they might transfer the load to a different vehicle and transport it across state lines. They or their fence could then sell or otherwise dispose of the stolen goods at their destination.
The Missouri Revised Statutes once had a law against receiving stolen property. However, this law was repealed in 2014. In its place, the state amended its stealing laws to cover both theft and dealing in stolen goods.
In addition to state laws against receiving stolen property, federal regulations prohibit interstate transportation of stolen property. These laws serve two purposes. First, they help the federal government pursue criminal enterprises, like gangs, cartels, and organized crime organizations, that do not confine their activities to a single state.
Second, they give the federal government jurisdiction over those transporting the goods, while prosecutors in both the originating state and the destination state prepare their cases against the party who stole the goods and the fence intended to receive them.
Missouri and Federal Statutes Against Interstate Transportation of Stolen Property
The Missouri Revised Statutes do not have a law against transporting stolen goods. However, the state does have laws against theft and receiving stolen property. Thus, someone caught transporting stolen goods may face state charges for stealing the property or receiving from those who stole it, but not for transporting it.
Conversely, U.S. law prohibits transporting stolen property across state lines. Prosecutors often use these laws together to target all parties involved in the theft.
Prosecutors can use the following statutes to charge these parties:
Missouri’s Stealing Law
In Missouri, the stealing law includes appropriating property without permission or by using deceit or coercion. It also prohibits receiving, retaining, or disposing of property known to be stolen or suspected of being stolen. In both cases, the act must be committed with the intent to deprive the possessor of the property.
This means tricking someone into giving you their property is theft by deceit. Blackmailing or bullying them into giving it to you is theft by coercion, while simply taking it without permission is theft. Under this portion of the statute, you can face state theft charges whether you subsequently transport the goods across state lines or not.
The last portion of the law applies to the fence or middleman who receives property from the party who stole it. Again, these charges can apply regardless of whether someone carries the stolen property into another state or not.
Federal Interstate Transportation of Stolen Property Law
Federal law prohibits anyone from performing the following acts regarding stolen goods worth $5,000 or more:
- Transporting
- Transmitting
- Transferring
These acts apply to both interstate and international commerce. Thus, any time someone carries goods known to be stolen or taken by fraud across a state’s border, they can face federal charges, whether they travel to another state or country.
Missouri Defacing Item Numbers Law
Missouri has an additional law aimed at breaking up theft rings. State law prohibits anyone from altering, removing, or concealing the manufacturer’s serial number or other distinguishing number or mark applied by the owner. This law applies to anyone who traffics in stolen goods and defaces them to conceal the theft.
It also prohibits anyone from selling or buying goods with altered or destroyed serial numbers. This portion of the law was intended for pawn shops, but it applies to everyone, including private buyers. Prosecutors must prove that the person who altered the mark or bought or sold goods with altered marks intended to deprive the owner of the stolen property, though.
Missouri and Federal Statutes Against Interstate Transportation of Stolen Property
The Missouri Revised Statutes do not have a law against transporting stolen goods. However, the state does have laws against theft and receiving stolen property. Thus, someone caught transporting stolen goods may face state charges for stealing the property or receiving from those who stole it, but not for transporting it.
Conversely, U.S. law prohibits transporting stolen property across state lines. Prosecutors often use these laws together to target all parties involved in the theft.
Prosecutors can use the following statutes to charge these parties:
Missouri’s Stealing Law
In Missouri, the stealing law includes appropriating property without permission or by using deceit or coercion. It also prohibits receiving, retaining, or disposing of property known to be stolen or suspected of being stolen. In both cases, the act must be committed with the intent to deprive the possessor of the property.
This means tricking someone into giving you their property is theft by deceit. Blackmailing or bullying them into giving it to you is theft by coercion, while simply taking it without permission is theft. Under this portion of the statute, you can face state theft charges whether you subsequently transport the goods across state lines or not.
The last portion of the law applies to the fence or middleman who receives property from the party who stole it. Again, these charges can apply regardless of whether someone carries the stolen property into another state or not.
Federal Interstate Transportation of Stolen Property Law
Federal law prohibits anyone from performing the following acts regarding stolen goods worth $5,000 or more:
- Transporting
- Transmitting
- Transferring
These acts apply to both interstate and international commerce. Thus, any time someone carries goods known to be stolen or taken by fraud across a state’s border, they can face federal charges, whether they travel to another state or country.
Missouri Defacing Item Numbers Law
Missouri has an additional law aimed at breaking up theft rings. State law prohibits anyone from altering, removing, or concealing the manufacturer’s serial number or other distinguishing number or mark applied by the owner. This law applies to anyone who traffics in stolen goods and defaces them to conceal the theft.
It also prohibits anyone from selling or buying goods with altered or destroyed serial numbers. This portion of the law was intended for pawn shops, but it applies to everyone, including private buyers. Prosecutors must prove that the person who altered the mark or bought or sold goods with altered marks intended to deprive the owner of the stolen property, though.
Common Defenses Against Interstate Transportation of Stolen Property Charges in St. Louis, MO
Our experienced criminal defense lawyers can assert several arguments on your behalf against theft-related charges, including these effective strategies:
Lack of Knowledge
Most criminal offenses typically require proof of intent. Federal prosecutors must prove that you knew the property was stolen, converted, or taken by fraud. If you were unaware of the nature of the goods, you can argue that you lacked the intent to violate the law.
For example, suppose that you are a truck driver and your employer’s customer loaded stolen goods into your trailer. You may be able to leverage this defense if you were unaware that they were stolen.
Another example given in the manual consulted by federal prosecutors is that you may lack the intent to “unlawfully” transport stolen goods if you were carrying them back to the owner.
Illegal Search
Many cases involving transportation of stolen property arise because state or federal law enforcement agents find the goods during a search. However, to be admissible in court, the stolen property must have been found during a lawful search.
Under the U.S. Constitution, law enforcement officers can only search under the following circumstances:
- They have a search warrant
- They have your permission to search
- Exigent circumstances exist, and the officers have probable cause
- An exception to the search warrant requirement applies, like the plain sight doctrine
Equally importantly, the original ground for stopping you must stand up to legal scrutiny. Specifically, you must have broken the law, or the officers must have probable cause to believe you broke the law.
For example, officers can stop you if your vehicle shows up in a database of stolen cars, but they cannot stop you simply because of your race.
Coercion
Another defense that might apply to your situation is coercion. This defense arises if you were threatened or forced to participate in the crime. Thus, coercion might have occurred if you were a passenger in a vehicle transporting stolen goods only because the driver threatened to have your family member deported.
