Is receiving stolen property a criminal offence under the elements test?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bekins, 5 F.3d 540 (9th Cir. 1993):
This conclusion is supported by the recent decision in United States v. Spencer, 905 F.2d 1260 (9th Cir.1990) which held that, under the elements test, receiving stolen property is not a lesser included offense of taking property. The panel wrote:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code? (MultiRegion, United States of America)
How have the courts interpreted Section 894 of the Criminal Code in the context of an allegation that a defendant committed a criminal offence by sealing currency and receiving stolen currency? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
If a criminal statute of conviction is divisible, what is the test for determining which criminal offence was the basis of the conviction? (MultiRegion, United States of America)
What are the elements of a Criminal Information Management Termination Order (CIMT) and what is the test for determining whether the elements constitute a CIMT? (MultiRegion, United States of America)
Does unexplained possession of recently stolen property permit inference that the possessor knew that the property was stolen? (MultiRegion, United States of America)
Does Section 1326(b) create a criminal offence separate from the criminal offence? (MultiRegion, United States of America)
What is the test for whether a conviction for a criminal offence is a generic federal offence? (MultiRegion, United States of America)
