Trafficking in Stolen Property Defense

Under A.R.S. § 13-2301(B)(3), to traffic means to sell, transfer or otherwise dispose of stolen property to another person, or to buy, receive, possess or obtain control of it "with the intent to sell, transfer, distribute, dispense or otherwise dispose of the property to another person." Stolen property is property of another "that has been the subject of any unlawful taking" (§ 13-2301(B)(2)).

• Second degree, § 13-2307(A): recklessly trafficking in the property of another that has been stolen.
• First degree, § 13-2307(B): knowingly initiating, organizing, planning, financing, directing, managing or supervising "the theft and trafficking" of stolen property.

Recklessly is a lower mental state than knowingly. Under A.R.S. § 13-105(10)(c), it means a person is "aware of and consciously disregards a substantial and unjustifiable risk." For second degree, the State does not have to prove you knew the items were stolen, only that you were aware of a substantial risk and disregarded it.

A.R.S. § 13-2305 describes facts that, "unless satisfactorily explained," may give rise to an inference about what you knew:

• Possession of property recently stolen, which may suggest you were aware of the risk it was stolen or took part in the theft.
• Buying or selling stolen property "at a price substantially below its fair market value."
• A purchase or sale by a dealer in property outside the regular course of business, or "without the usual indicia of ownership other than mere possession."

The statute says these facts "may" support an inference. A believable explanation of where the items came from, or why the price was low, can respond to it.

For a first felony offense that is not dangerous, A.R.S. § 13-702(D) sets these prison ranges:

If you are eligible, A.R.S. § 13-901(A) allows the court to suspend the sentence and place you on probation, which can last up to five years for a class 3 felony and up to seven years for a class 2 felony under A.R.S. § 13-902(A). The court must order restitution "in the full amount of the economic loss" under A.R.S. § 13-603(C), and a felony fine can reach $150,000 under A.R.S. § 13-801(A).

Most state felonies in Maricopa County are prosecuted by the Maricopa County Attorney's Office. Some trafficking cases are prosecuted by the Arizona Attorney General's Office, often where the conduct crosses county lines or a state agency investigated. We handle these matters whichever office brought the charge.

These cases often rest on what you knew and what you planned to do with the items. Depending on the facts, we may focus on:

• Whether the property was stolen. The State must prove an unlawful taking. Unclear ownership or a missing victim report can weaken that proof.
• Whether you trafficked. Without a sale, a transfer or an intent to dispose of the items to someone else, the definition in § 13-2301(B)(3) may not be met.
• Recklessness. A fair price, a seller who appeared to own the items, receipts or a normal marketplace sale can show you did not consciously disregard a known risk.
• Your role. A first degree charge requires proof that you organized, financed or directed both the theft and the trafficking, not just that you were involved.
• Procedure. We review warrants, phone searches, undercover contacts and statements, and whether a motion to suppress may apply.

Mitigation can include returning property, paying restitution and your lack of a record. These may support a plea to a lower class offense or a probation sentence. See also stolen property and retail theft and organized retail theft.