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Which element must be proved for receiving stolen property?

  1. The property was obtained legally

  2. The defendant knew the property was stolen

  3. The property was not valued over $500

  4. The defendant was the initial thief

The correct answer is: The defendant knew the property was stolen

For the crime of receiving stolen property, it is essential to establish that the defendant knew the property was stolen. This element demonstrates the defendant's culpability in knowingly accepting or retaining property that has been unlawfully obtained, which distinguishes this offense from merely possessing any stolen goods without knowledge of their status. The requirement of knowledge ensures that individuals are held accountable for their actions in relation to stolen property, emphasizing the need for intent. If a person receives property without awareness of its stolen nature, they are not committing the crime of receiving stolen property, even if the item is indeed stolen. The other options highlight various aspects of property law and criminal law but do not satisfy the necessary components of this particular offense. For example, the legality of how the property was obtained and the value of the property are not essential to prove the crime itself, nor is it necessary for the defendant to be the original thief. Therefore, establishing the defendant's knowledge of the stolen status of the property is the critical element for this offense.