Receiving Stolen Property in Pennsylvania

Last updated October 4, 2026.

Receiving stolen property charges often surprise the people who face them. They did not break into anything. They bought a tool, a phone or a set of tires, held something for a friend, or were found driving a car someone else had taken. Pennsylvania still treats that as theft when the person knew or believed the item was stolen. This page explains what the Commonwealth must show, how the charge is graded, and how the case moves through Lawrence County. My general approach to criminal cases is on the main criminal defense page.

What does the Commonwealth have to prove?

Section 3925(a) says a person "is guilty of theft if he intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen." Each part is an element:

Receives, retains or disposes. "Receiving" means acquiring possession, control or title, or lending money on the security of the property (3925(b)). Keeping it or selling it also counts.
Movable property of another. The property must actually be someone else's, as the theft chapter defines it (3901).
Knowledge or belief. The person must know the property was stolen, or believe it probably was. Certainty is not required, but a belief that it was probably stolen is; whether the facts show that knowledge or belief is usually the main question.
No intent to return it. The section does not apply where the property was received, kept or disposed of "with intent to restore it to the owner."

Because Pennsylvania treats all theft as one offense, a receiving charge can be proven by evidence of another kind of theft, and the reverse, subject to the court's power to prevent unfair surprise (3902). That is why receiving stolen property is often filed alongside theft by unlawful taking, explained in theft by unlawful taking in Pennsylvania.

How does a receiving stolen property case move through Lawrence County?

Every grade is at least a misdemeanor, so the case follows the criminal court path described in the District Attorney's Criminal Justice Roadmap and the county court pages:

The criminal complaint. An officer files a written complaint with the magisterial district court, and the court issues a summons or an arrest warrant. For Ellwood City and the nearby townships, complaints go to the office described in what to expect at the Ellwood City district court.
Preliminary arraignment and bail. If you are arrested, a district judge gives you a copy of the complaint, explains your right to a lawyer and the conditions of bail (Rule 540(C), (F)). The preliminary hearing must then be set no later than 14 days out if you are held in custody on this case only, or 21 days if you are not, unless extended for cause (Rule 540(G)(1)). How the amount and conditions are chosen is covered in how bail is set after an arrest in Lawrence County.
The preliminary hearing. Lawrence County holds every preliminary hearing at its Central Court, 202 Milton Street, New Castle, next to the county jail, on Tuesdays, Wednesdays and Thursdays at 9:30 a.m. The judge decides only whether there is a prima facie case that a theft happened and that you committed it (Rule 542(D)). The details are in what happens at a preliminary hearing in Lawrence County.
The Court of Common Pleas. A case held for court moves to the Courthouse at 430 Court Street, New Castle. The District Attorney files a criminal information listing the charges. After the formal arraignment, the Public Defender describes a "Call of Trial" about a month later, with trials starting the next Monday, at the Lawrence County Courthouse.
Plea, trial, ARD or dismissal, then sentencing. Before sentencing, the court may order a pre-sentence investigation by county probation officers, and in most cases victims may make a statement. Restitution to the owner is part of any sentence for a theft.

Related property charges that often travel with this one include retail theft, covered in is shoplifting a felony in Pennsylvania. Damage to the property is a separate offense, covered in criminal mischief in Pennsylvania.

How is it graded?

Like other theft, by value and by the type of property (18 Pa.C.S. 3903). The maximum prison terms come from 18 Pa.C.S. 1103 and 1104, and the maximum fines from 18 Pa.C.S. 1101.

Grading for receiving stolen property (18 Pa.C.S. 3903, 1101, 1103, 1104)
Situation	Grade	Maximum prison	Maximum fine
Property worth less than $50, or value that cannot be determined	Third-degree misdemeanor	1 year	$2,500
$50 to under $200	Second-degree misdemeanor	2 years	$5,000
$200 to $2,000	First-degree misdemeanor	5 years	$10,000
Over $2,000; a car, motorcycle or other motor vehicle; or a receiver in the business of buying or selling stolen property	Third-degree felony	7 years	$15,000
A firearm; $100,000 to under $500,000; or a receiving offense committed during a manmade, natural or war-caused disaster	Second-degree felony	10 years	$25,000
A firearm, and the receiver is in the business of buying or selling stolen property; or $500,000 or more	First-degree felony	20 years	$25,000

Value is the market value of the property at the time and place of the offense. If that cannot be satisfactorily worked out, it is the cost of replacing the property within a reasonable time, and if neither can be determined, the value is treated as less than $50 (3903(c)(1), (c)(3)). Amounts received in one scheme or course of conduct, from one owner or several, may be added together to set the grade. A court may also impose a fine above the table's limits, up to double the gain the offender made from the offense (1101(8)).

What if it was a car or a gun?

Those two categories raise the grade regardless of value. Receiving a stolen automobile, motorcycle or other motor-propelled vehicle is at least a third-degree felony (3903(a.1)). Receiving a stolen firearm is a second-degree felony (3903(a)(3)), and a first-degree felony for someone in the business of buying or selling stolen property (3903(a.2)(1)). Cases involving firearms can also carry separate firearms charges, which are outside this page.

There is a longer-term effect too. Pennsylvania's list of convictions that bar a person from possessing a firearm includes receiving stolen property "upon conviction of the second felony offense" (18 Pa.C.S. 6105(b)).

What changes the answer?

These are the factors that most often move the result, each with the rule behind it:

What you knew or believed. Suspicion that something might be stolen is not the test; the statute requires knowing it was stolen or believing it probably was (3925(a)). The evidence is usually circumstantial: the price, the seller and the explanation given.
An intent to give it back. Taking or keeping property in order to return it to its owner is outside the offense (3925(a)).
How the value is measured and added up. Market value, not the price paid, sets the grade, and items received in one course of conduct may be added together, which can push a case over $200 or $2,000 (3903(c)).
The kind of property. A vehicle or a firearm sets the grade at a felony whatever the value (3903(a)(3), (a.1)).
Whether you deal in property. A receiver "in the business of buying or selling stolen property" faces a felony at any value (3903(a.1), (a.2)(1)).
When it happened. A prosecution for receiving stolen property must start within five years after the offense (42 Pa.C.S. 5552(b)(1)), longer than the general two-year limit for most other offenses (5552(a)).

Will I have to pay restitution?

If you are convicted, yes. When property of a victim was stolen or unlawfully obtained, the offender "shall be sentenced to make restitution" in addition to the punishment (18 Pa.C.S. 1106(a)). The court must order full restitution regardless of the defendant's current finances, and if an insurance company already paid the owner, the restitution for that loss goes to the insurer (1106(c)(1)(i)). The judge sets the amount and method at sentencing and may allow a lump sum or monthly installments (1106(c)(2)(ii)). The court may not jail someone for failing to pay when the failure comes from an inability to pay (1106(c)(2)(iii)).

In Lawrence County, Adult Probation's Collections Department says defendants must start a monthly payment plan right after sentencing, people on active supervision pay a $50 monthly supervision fee, and every defendant convicted in the Court of Common Pleas receives a civil judgment under 42 Pa.C.S. 9728(b). Under the statute, unpaid restitution is reported to the court within 20 days, and the court then holds a hearing on contempt or a probation violation (1106(f)), a hearing like the one described in probation violation hearings in Pennsylvania.

Can I get ARD on a receiving charge?

It is possible, but the District Attorney decides whether to offer it. Once a court case has begun, the motion for Accelerated Rehabilitative Disposition is made by the attorney for the Commonwealth (Rule 310); the rule's Comment says the defendant or the defendant's lawyer may ask the district attorney for it. At the hearing, statements the defendant makes about the case may not be used against the defendant in a criminal case (Rule 313(B)). Completing the program earns a dismissal (Rule 312), and when the judge dismisses the charges the judge also orders the arrest record expunged; the Commonwealth may object within 30 days, and the judge then holds a hearing (Rules 319, 320). The Lawrence County Clerk of Courts lists an ARD clerk fee of $19.50 plus a $50 DA approval fee. The general program is explained in ARD in Pennsylvania.

A worked example

For example, take a hypothetical buyer (not a real case) in Ellwood City who pays $150 through an online listing for a used chainsaw and a leaf blower. Two weeks later police match the serial numbers to tools reported stolen from a garage in New Castle, and the owner says the tools were worth $1,100 together.

The $150 price does not set the grade; the market value of the used tools at the time and place does (3903(c)(1)). If the Commonwealth proves a value between $200 and $2,000, the charge is a first-degree misdemeanor, with a maximum of 5 years and $10,000 (1104(1), 1101(4)). If neither market value nor replacement cost can be established, the value is treated as under $50 and the grade drops to a third-degree misdemeanor (3903(c)(3)).

At the preliminary hearing at Central Court, the owner's statements about ownership and value may come in through hearsay, which the rule allows for those elements (Rule 542(E)). The real fight is the buyer's state of mind. A very low price points one way; a normal price, a receipt and a believable seller point the other. If the buyer had arranged to return the tools to their owner, the statute would not apply at all (3925(a)).

Common mistakes on a receiving charge

Explaining to police what you suspected. A remark like "I figured it might be hot" can be offered as proof of the belief the statute requires.
Getting rid of the item after you learn of the investigation. Disposing of property you believe was stolen is itself part of the offense (3925(a)).
Assuming the price you paid sets the value. The grade follows market value at the time and place, not the bargain (3903(c)(1)).
Assuming you are safe because you did not steal it. The receiver does not have to be the thief (3925(a)).
Waiting too long to ask for a public defender. The county Public Defender asks people to apply every time they receive a new charge, and to call at least two weeks before the preliminary hearing.
Falling behind on a payment plan. The Collections Department lists sanctions that include a collection agency referral adding 25% to the balance.

What to do this week

Do not explain to police where the item came from before talking to a lawyer; statements about what you knew are the heart of this charge.
Keep any receipts, messages, listings or payment records showing how and from whom you got the property, and what you paid.
Do not sell, give away or hide the property.
Write down when you got the item, from whom, and what you were told.
Look up the case on the UJS Portal by name or by the offense tracking number, and note the preliminary hearing date at Central Court.
If you cannot afford a lawyer, call the Public Defender at least two weeks before the preliminary hearing.
Note the age, condition and model of the item, since that drives its market value.

Frequently asked questions

Is receiving stolen property a felony in Pennsylvania?

Sometimes. It is a misdemeanor when the property is worth $2,000 or less, and a felony when it is worth more, is a motor vehicle or a firearm, or the receiver deals in stolen property (3903).

What if I honestly did not know it was stolen?

Then this offense is not made out. The statute requires knowledge that the property was stolen or a belief that it probably was (3925(a)). The Commonwealth usually tries to prove that belief through the circumstances, so the details of the deal matter.

How long does the Commonwealth have to file charges?

Five years from the offense. Receiving stolen property falls within the theft sections listed among the "major offenses" in 42 Pa.C.S. 5552(b)(1).

What happens to the property itself?

If police seized it, the District Attorney's victim information page lists a victim's right to have property that was seized as evidence returned once it is no longer needed for the prosecution. Restitution ordered at sentencing also goes to the victim (1106(a)).

Can a receiving stolen property record be cleared later?

Often. A second or third-degree misdemeanor is sealed automatically under Clean Slate after seven years free of conviction, once restitution is paid (18 Pa.C.S. 9122.2(a)(1)). A first-degree misdemeanor may be the subject of a petition for limited access after seven years, and a third-degree felony under the theft chapter after 10 years (9122.1(a), (a.1)(3)). The routes are explained in clearing a criminal record in Pennsylvania. What a sealed record means for a job application is covered in whether an employer can refuse to hire you over an old conviction.

If you have been charged with receiving stolen property in Ellwood City, New Castle or anywhere in Lawrence County, what you knew at the time, and how the Commonwealth intends to prove it, is where the case starts. You work directly with me, and the first consultation is always free and confidential.

What is receiving stolen property in Pennsylvania?