PL 165.45: Fourth-Degree Stolen Property, Penalties, Defenses

New York Penal Law 165.45 defines criminal possession of stolen property in the fourth degree, a Class E felony punishable by up to four years in prison. The charge applies when you knowingly possess stolen property worth more than $1,000, or when you possess specific categories of stolen items — such as firearms, credit cards, or motor vehicles above a lower value threshold — regardless of total value.¹

What the Prosecution Has to Prove

Two mental elements sit on top of the physical act of possession. You must have known the property was stolen, and you must have intended either to benefit yourself (or someone other than the owner) or to prevent the owner from recovering it.¹

Knowledge is the fight in most cases. Accidentally buying stolen goods at a flea market does not satisfy the statute. Prosecutors need evidence that you were aware of the property’s illicit origin,² and they usually build it from circumstances: a $2,000 laptop bought for $100 out of a car trunk, property received from someone known to have stolen before, prices far below market, or transactions arranged outside normal channels.

You also don’t have to be physically holding the item. New York recognizes constructive possession, so stolen property found in your car, apartment, or storage unit can support a charge if you had control over the space and knew the property was there.

When a Fourth-Degree Charge Applies

The statute has two tracks. Some property triggers a fourth-degree charge based on what it is; other property triggers it based on what it’s worth.

Property Categories That Trigger the Charge Regardless of Value

Credit cards, debit cards, or public benefit cards. Even a single stolen card qualifies.
Firearms, rifles, and shotguns as defined under Penal Law 265.00.
Anhydrous ammonia or liquefied ammonia gas, but only when the possessor intends — or knows another person intends — to use it to manufacture methamphetamine.

The statute also elevates the charge for anyone acting as a collateral loan broker or anyone in the business of buying, selling, or dealing in property. Pawnshop operators and resellers face a fourth-degree charge for possessing stolen property of any value, because their business role puts them squarely in the chain of stolen goods.¹

Value Thresholds

For property outside those categories, the dollar amount sets the degree. The general threshold is more than $1,000. Two categories carry a lower bar:

Motor vehicles (excluding motorcycles): the threshold drops to $100. The statute uses the Vehicle and Traffic Law definitions, so motorcycles are handled separately and don’t fall under this provision.
Religious items: scrolls, vestments, vessels, and similar property worth at least $100, when kept for or used in worship at a place of worship operated by a religious corporation.¹

Value is set by the market price of the property at the time and place of the crime. If market price can’t be reliably established, the law looks to replacement cost within a reasonable time afterward.³ Because stolen items rarely come with receipts, valuation often becomes a battle of appraisals. If the property turns out to be worth $1,000 or less and it doesn’t fall into a listed category, the charge drops to fifth-degree criminal possession, a Class A misdemeanor.⁴ If the value climbs above $3,000, the charge rises to third-degree, a Class D felony.⁵

Presumptions That Work Against You

Penal Law 165.55 creates presumptions that make the prosecution’s job easier. The broadest one: anyone who knowingly possesses stolen property is presumed to intend to benefit themselves or block the owner’s recovery. Once knowledge is established, the state doesn’t need separate proof of intent.⁶

More targeted presumptions attach to particular situations. A collateral loan broker or someone in the business of buying and selling goods is presumed to have known property was stolen if they didn’t make a reasonable inquiry into whether the seller had a right to it. Someone holding two or more stolen credit, debit, or public benefit cards is presumed to know they were stolen. The same goes for three or more stolen airline tickets obtained through forged or stolen credit cards.⁶ These presumptions are rebuttable, but they shift practical pressure onto the defense.

Sentencing

As a Class E felony, fourth-degree criminal possession of stolen property carries a maximum prison sentence of four years. New York uses indeterminate sentencing for most felonies: the court sets both a minimum and a maximum. The minimum must be at least one year and cannot exceed one-third of the maximum, so a four-year maximum pairs with a minimum between one year and one year and four months. The defendant becomes parole-eligible after serving the minimum.⁷

A judge can also impose a definite sentence of one year or less for a Class E felony where an indeterminate term would be too harsh. That option is not available to second or persistent felony offenders.⁷

Second Felony Offenders

A prior felony conviction raises the floor significantly. For a second felony offender convicted of a Class E felony, the indeterminate sentence must carry a maximum of at least three years and no more than four years, with the minimum set at half the maximum.⁸ The one-year-or-less option is off the table.

Fines, Probation, and Restitution

Felony fines in New York can reach $5,000 or double the defendant’s gain from the crime, whichever is higher.⁹ A judge may impose probation for three, four, or five years as an alternative to incarceration.¹⁰ Restitution to the victim is commonly ordered as part of the sentence.

Consequences That Outlast the Sentence

The prison term and fine are often not the worst part. Collateral consequences from a felony record last longer and are harder to undo.

Firearm Prohibition

Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.¹¹ A fourth-degree conviction triggers that ban because the maximum sentence is four years. The prohibition applies nationwide and survives completion of the sentence. Restoring federal firearm rights has historically been very difficult, though a proposed rule may reopen the long-dormant ATF application process under 18 U.S.C. § 925(c) in 2026.

Professional Licensing

A felony involving stolen property can threaten licenses in fields that require trust or handle money. Licensing boards have discretion to suspend or revoke based on the nature of the conviction and evidence of rehabilitation. Finance, real estate, and healthcare licenses tend to draw the sharpest scrutiny when the underlying offense involves theft. Many boards require prompt self-reporting of a conviction, and failing to report can become its own violation.

Defenses That Fit This Charge

Because the statute turns on knowledge and intent, the strongest defenses attack those mental elements.

Lack of knowledge. If you genuinely didn’t know the property was stolen, you haven’t committed this crime. Buying from a seemingly legitimate store, receiving a gift from someone with no criminal history, or purchasing through an established online marketplace can all support this defense.
Claim of right. If you honestly believed you had a legal right to the property, that belief negates criminal intent. The belief doesn’t need to be legally correct, only genuinely held. This often comes up in disputes where someone takes property they believe is owed to them.
Rebutting the presumptions. The presumptions under PL 165.55 can be answered with contrary evidence. Someone who discovered property was stolen and was in the process of returning it, for example, can push back on the presumed intent to deprive the owner.
Disputing value. When the charge rests on the $1,000 threshold rather than a listed category, challenging the prosecution’s valuation can drop the offense to a fifth-degree misdemeanor.

Statute of Limitations

Prosecutors must bring a fourth-degree charge within five years of the offense. That’s the standard felony window under Criminal Procedure Law 30.10.¹² Charges filed outside that window are barred.

When Federal Charges May Apply Instead

If the stolen goods crossed a state line, federal law can be layered on top of or in place of the state charge. Under 18 U.S.C. § 2315, knowingly possessing stolen goods worth $5,000 or more that have moved across state or national borders is a federal offense punishable by up to ten years in prison. The threshold drops to $500 when the property is pledged as security for a loan.¹³ Federal prosecutors tend to focus on organized theft rings or high-value goods moving through multiple states, but the statute reaches anyone who meets its elements.

1
New York State Senate. New York Penal Code 165.45 – Criminal Possession of Stolen Property in the Fourth Degree
2
New York State Unified Court System. Criminal Possession of Stolen Property in the Fourth Degree
3
New York State Senate. New York Penal Code 155.20 – Larceny Value of Stolen Property
4
New York State Senate. New York Penal Code 165.40 – Criminal Possession of Stolen Property in the Fifth Degree
5
New York State Senate. New York Penal Code 165.50 – Criminal Possession of Stolen Property in the Third Degree
6
New York State Senate. New York Penal Code 165.55 – Criminal Possession of Stolen Property Presumptions
7
New York State Senate. New York Penal Code 70.00 – Sentence of Imprisonment for Felony
8
New York State Senate. New York Penal Code 70.06 – Sentence of Imprisonment for Second Felony Offender
9
New York State Senate. New York Penal Code 80.00 – Fine for Felony
10
New York State Senate. New York Penal Code 65.00 – Sentence of Probation
11
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
12
New York State Senate. New York Criminal Procedure Law 30.10 – Timeliness of Prosecutions
13
Office of the Law Revision Counsel. 18 USC 2315 – Sale or Receipt of Stolen Goods